United States v. Kevin Murphy

READE, District Judge.

Kevin Murphy pleaded guilty to one count of bank robbery, in violation of 18 U.S.C. § 2113 (a). At sentencing, the district court 2 varied upward from the Guidelines range and sentenced Murphy to 160 months’ imprisonment. Murphy appeals the sentence, arguing that it is substantively unreasonable because the district court gave undue weight to his “past.” We affirm.

I

The uncontested portions of the presen-tence investigation report calculated a total offense level of 19 and a criminal history category of II, for an advisory Guidelines range of 33 to 41 months. The district…