United States v. Dunbar, No. 09-1693 (1st Cir. 2011)Annotate this Case
Defendant robbed a federally-insured bank and, while escaping in a stolen car, crashed head-on into a car driven by a teen-aged girl. In state court he was convicted of resisting arrest, receiving a stolen vehicle, operating a motor vehicle under intoxication causing serious bodily injury, reckless operation of a motor vehicle, refusing to stop for a police officer, and operating a vehicle with a suspended license and sentenced to five years in prison, of which he had served one year prior to his federal sentencing. In federal court, he pled guilty bank robbery (18 U.S.C. 2113(a)). The district court calculated a total offense level of 23, which among other adjustments included a four-level increase for the serious bodily injuries; the court found defendant to be a career offender and refused to give credit for time served in state prison. The court imposed a within-guidelines sentence of 158 months, to be served concurrently with the state sentence, but without the credit. The First Circuit affirmed, finding that the sentence did not result in double punishment because the conduct punished by the state ultimately had no impact on the federal sentence.
The court issued a subsequent related opinion or order on November 18, 2011.