United States v. Jack Bearden

ROSEN, D.J. (pp. 1042-43), delivered a separate concurring opinion.

*1034OPINION

MOORE, Circuit Judge.

Defendant-Appellant Jack Bearden appeals his conviction and sentence on one count of knowingly transporting in interstate commerce stolen goods (IBM laptop computers) having a value of $5,000 or more. In this appeal, Bearden raises five issues: the district court’s refusal to accept his plea of nolo contendere; the district court’s refusal to grant downward departures because of Bearden’s age and poor health and for acceptance of responsibility; the existence of a variance between the indictment and…