United States of America v. Dorrell Emmanuel King

Before LOKEN and BEAM, Circuit Judges, and PERRY,*fn1 District Judge.

Dorrell King pleaded guilty to violating 18 U.S.C. § 2113(a) by robbing two banks less than four years after being released from federal prison for a six-month crime spree in which he robbed fourteen banks in six different States. At sentencing, the government moved for an upward departure because, had the fourteen robberies not been prosecuted in a single proceeding, King would have warranted a career- offender enhancement under U.S.S.G. § 4B1.1(a). The government urged a career- offender advisory guidelines range of 151-188 months in prison. The district court*fn2 imposed an upward departure under U.S.S.G. § 4A1.3(a)(1) for a substantially underrepresented criminal history but rejected the government’s requested range, instead determining that a criminal history category of VI and an offense level of 23 yielded an advisory guidelines range “applicable to defendants whose criminal history or likelihood to recidivate most closely resembles that of the defendant’s.” § 4A1.3(a)(4)(A). This produced an advisory range of 92-115 months. The court sentenced King to 108 months in prison.