United States v. Adams, No. 13-3207 (10th Cir. 2014)
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In 2012, defendant Henry J. Adams III was the lookout for a bank robbery, and recruited a friend to drive her car. After pleading guilty, he received an above-guidelines sentence of 140 months’ imprisonment. On appeal he argued that he should have received an offense-level reduction for being a minor participant, and that the district court abused its discretion in imposing an above-guidelines sentence. Upon review, the Tenth Circuit held: (1) that defendant was not entitled to a minor-participant reduction because he helped plan the robbery and acted as the lookout; and (2) that the district court did not abuse its discretion when it varied his sentence upward.
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