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United States v. Sexton

United States Court of Appeals, Sixth Circuit

May 1, 2018

United States of America, Plaintiff-Appellee,
v.
William Randall Sexton, Defendant-Appellant.

          Argued: February 1, 2018

          Appeal from the United States District Court for the Western District of Michigan at Grand Rapids. No. 1:16-cr-00249-1-Robert J. Jonker, Chief District Judge.

         ARGUED:

          Paul L. Nelson, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Grand Rapids, Michigan, for Appellant.

          Alexis M. Sanford, UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee.

         ON BRIEF:

          Paul L. Nelson, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Grand Rapids, Michigan, for Appellant.

          Alexis M. Sanford, UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee.

          Before: BOGGS, CLAY, and DONALD, Circuit Judges.

          OPINION

          BOGGS, CIRCUIT JUDGE.

         Defendant William Sexton appeals his sentence of 96 months of imprisonment for committing bank robbery by intimidation. Sexton argues that his sentence is substantively unreasonable because the district court failed to explain why it departed upward by 18 months and imposed a 96-month sentence rather than an alternative sentence. We hold that the district court's departure was not substantively unreasonable, and we therefore affirm Sexton's sentence.

         I

         On June 10, 2016, Sexton entered a Chemical Bank in Edwardsburg, Michigan and presented to the teller a note on which Sexton had written that he was robbing the bank and wanted "20s, 50s, and 100." The teller quickly retrieved $1, 610 from a drawer and gave it to Sexton, who took the money and the note and then left the bank.

         Sexton was arrested later that day and subsequently charged in a single-count indictment with bank robbery by intimidation, in violation of 18 U.S.C. § 2113(a). Sexton pleaded guilty to that charge pursuant to a plea agreement with the government, in which the ...


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