United States v. Clyde Frank Martinez

JAMES R. BROWNING, Circuit Judge:

Defendant-appellant Clyde Martinez appeals from his sentence following his conviction for unarmed bank robbery.

I

Martinez pled guilty to an indictment for unarmed bank robbery in violation of 18 U.S.C. § 2113(a). A probation officer’s pre-sentence report submitted pursuant to the Sentencing Guidelines determined Martinez’s total offense level to be 17. The report then calculated Martinez’s criminal history, adding one point for each of four prior convictions, including a conviction for public indecency. The report added two more points because Martinez was on…