United States v. Frates

LIPEZ, Circuit Judge.

Appellant David Frates pleaded guilty to one count of federal armed bank robbery, in violation of 18 U.S.C. § 2113 (a) & (d). At his sentencing hearing, the district court applied the United States Sentencing Guidelines' career offender enhancement, increasing Frates's guideline sentencing range to 188-235 months' imprisonment. The court varied downward and sentenced Frates to 132 months' imprisonment.

Frates appeals this sentence, challenging his classification as a career offender, and alternatively asking us to vacate his sentence in light of a recently enacted…