United States v. David Allen Miller
Court of Appeals for the Second Circuit
1Per curiam
David Allen Miller pled guilty to bank robbery in violation of 18 U.S.C. § 2113(a). He appeals only his sentence, contending that the district court (McMahon, /.), in declining to depart downward pursuant to U.S.S.G. § 4A1.3, erred in considering his record of arrests as well as a pending unresolved charge. We affirm the district court.
BACKGROUND
On October 6, 1999, David Allen Miller walked into the Premier National Bank in Wappinger Falls, New York, approached a teller’s window, and announced a holdup. The teller gave Miller approximately $7,000 in cash. Miller then left the bank. He was…
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