United States v. Jerry Jay Fitzwater, (89-3557/3593), Clayton Colwell, Jr., (89-3556)
Court of Appeals for the Sixth Circuit
1Opinion of the Court
CONTIE, Senior Circuit Judge.
Defendants-appellants Colwell and Fitz-water appeal their sentences imposed by the district court for violating 18 U.S.C. § 2113(a) and (d) and 18 U.S.C. § 924(c), arguing that the court erroneously departed from the sentencing range established by the United States Sentencing Commission Guidelines (“the Guidelines”).
I
On December 16, 1988, a federal grand jury returned a three-count indictment charging defendants as follows: on Count I, for armed bank robbery in violation of 18 U.S.C. § 2113(a) and (d); on Count II, for using a firearm in commission of a felony in…
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