United States v. Peter Michael Maddalena

KENNEDY, Circuit Judge.

On February 21, 1989, defendant Peter Michael Maddalena pleaded guilty to one count of armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d). He appeals his sentence of 22 years’ (264 months) imprisonment, to be followed by a five-year term of supervised release, and a $50 special assessment claiming the sentence is not in accordance with the guidelines. We agree that the District Court may have misunderstood its discretion under the guidelines, and REMAND for resentencing.

Defendant robbed the Comerica Bank in Comstock Park, Michigan of $3,622 on July 29,…