United States v. Payton, No. 13-1242 (6th Cir. 2014)
Annotate this CasePayton would find an accomplice, usually a woman, addicted to drugs or engaged in prostitution, and would convince this accomplice to rob a bank in exchange for part of the proceeds. He would provide a costume, a threatening note to give to the teller, bags, and a toy gun, would perform reconnaissance, and would drop off and pick up his accomplice. The first time he was caught, Payton (then 26 years old) was convicted for six bank robberies and sentenced to 10 years in prison. Released in 2002, he was arrested later that year for robbing seven more banks using his accomplice method. Released again in 2011, he was arrested later that year for robbing four more banks. Payton turned 46 years old before his sentencing hearing. Taking into account Payton’s criminal record, the seriousness of his crime, and recidivism, the presentence report recommended a sentence within the Guidelines range of 210 to 262 months. Neither party objected. The district court found the report accurate. The government urged a sentence of “at least” 300 months. Payton’s counsel requested a sentence within the Guidelines range, arguing that Payton would be released between 63 to 68 years old, and would present little threat. The judge sentenced Payton to 540 months after discussing the factors listed in 18 U.S.C. 3553(a), focusing on Payton’s recidivism and the threat he posed. The Sixth Circuit found the sentence unreasonable and remanded.
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