District court abused discretion by disregarding guidelines and sentencing defendant with extensive criminal history as if he were not career offender

SENTENCING United States v. Friedman, No. 07-4118, ___ F.3d ___ (10th Cir. Feb. 10, 2009)(Utah). Government’s appeal of defendant’s sentence for bank robbery in violation of 18 U.S.C. § 2113(a). HELD: District court abused its discretion by significantly varying downward from guidelines range to sentence defendant as if he were not career offender. In light of defendant’s extensive criminal history, failure to accept full responsibility for crime, and failure to appreciate impact of uninterrupted pattern of criminal conduct, the below-guidelines range fifty-seven month sentence imposed by district court fails to reflect seriousness of bank robbery, fails to promote respect for law, fails to provide just punishment for offense, fails to afford adequate general deterrence, and fails to specifically deter future criminal conduct on part of defendant. Read the opinion here.