U.S. v. Townsend

Dist. Ct. did not err in sentencing defendant to 41-month term of incarceration on bank robbery-related charge stemming from initial robbery of bank in which defendant pretended to have gun and robbery of payday lender thirty-six days later during which defendant carried actual gun. Ct. rejected defendant’s claim that he was entitled to lower sentence under section 5K2.20 USSG on basis that instant robberies were “aberrant” in view of his law-abiding past, since defendant had in essence committed two robberies as opposed to single offense as contemplated under section 5K2.20, and since Dist. Ct. had otherwise considered criteria under section 3553(a) in sentencing defendant to lower-end of guidelines that included his law-abiding past.