427 F. App'x 850
11th Cir.2011Background
- Zackary and Lightfoot pled guilty to one count of bank robbery under 18 U.S.C. § 2113(a).
- Zackary robbed a Bank of America in Jacksonville, FL, with Lightfoot outside; Zackary passed a note claiming a gun and brandished toward his waistband.
- Lightfoot’s role was limited to casing the bank and acting as getaway driver; he received a shorter sentence due to lesser involvement and mental health history.
- Zackary had prior robberies (2003–2004) involving threats and a handgun; his five-year prior sentence did not deter further offenses.
- PSI: base offense level 20 for robbery, +2 for property of financial institution, +2 for threat of death, -3 for acceptance of responsibility; total level 21; criminal history III; guideline range 46–57 months.
- District court sentenced Zackary to 151 months after applying a two-level threat-of-death enhancement and granting a substantial variance; Lightfoot received 43 months after a downward departure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the threat-of-death enhancement was proper. | Zackary | Zackary contends no valid death-threat enhancement. | Enhancement upheld per Murphy. |
| Whether the sentence is substantively reasonable given disparity with Lightfoot. | Zackary | Lightfoot’s lower history and mental health justify shorter sentence. | Sentence affirmed as reasonable. |
| Whether the district court abused its discretion in imposing a substantial variance. | Zackary | Variance warranted by offense seriousness and criminal history. | No abuse of discretion; variance within range of reasonableness. |
Key Cases Cited
- Murphy v. United States, 306 F.3d 1089 (11th Cir. 2002) (upheld threat-of-death enhancement where note would instill fear of death)
- United States v. Archer, 531 F.3d 1347 (11th Cir. 2008) (prior panel precedent binding unless overruled en banc or by Supreme Court)
- United States v. Irey, 612 F.3d 1160 (11th Cir. 2010) (two-step review of sentence; abuse-of-discretion standard; within range of reasonable)
- United States v. Amedeo, 487 F.3d 823 (11th Cir. 2007) (upholding variance based on factors already considered in guideline range)
- United States v. Gonzalez, 550 F.3d 1319 (11th Cir. 2008) (sentence well below statutory maximum supports reasonableness)