UNITED STATES of America, Plaintiff-Appellant, v. Michael Thomas COLACE, Defendant-Appellee
Court of Appeals for the Ninth Circuit
1Opinion of the Court
KOZINSKI, Circuit Judge.
We journey into the twilight zone, of the Sentencing Guidelines and explore the outer limits of the district court’s authority to depart downward on account of aberrant behavior.
I
Defendant Michael Thomas Colace committed at least twelve separate bank robberies over a two-month period. 1 He entered a plea to seven counts of armed robbery which, given his lack of criminal history, resulted in a sentencing guideline range of 87 to 108 months. The district court, however, found that Colace’s behavior was aberrant and departed downward to five years probation, community…
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