U.S. Court of Appeals for the Eighth Circuit, 1997

United States v. Acme W. Price

United States v. Acme W. Price
U.S. Court of Appeals for the Eighth Circuit · Decided September 18, 1997

United States v. Acme W. Price

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 97-2444 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri.

Acme W. Price, * [UNPUBLISHED] * Appellant. * ___________ Submitted: September 5, 1997 Filed: September 18, 1997 ___________ Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges. ___________ PER CURIAM.

After Acme W. Price was arrested for robbing a federally-insured bank, he confessed to four other such robberies. Price later pleaded guilty to an indictment charging him with one count of acting with others to rob a federally-insured bank, in violation of 18 U.S.C. §§ 2113(a) and 2, and with four counts of robbing a federally- insured bank, in violation of section 2113(a). The district court1 sentenced Price to months& imprisonment and 2 years& supervised release. Price appeals his sentence, arguing that the district court erred in denying his request pursuant to U.S. Sentencing Guidelines Manual § 5K2.0, p.s. (1995), for a departure from the applicable Guidelines range based on his extraordinary acceptance of responsibility.

As the district court&s remarks at sentencing evince recognition of its authority to depart, we conclude that the court&s refusal to do so was an unreviewable exercise of discretion. See United States v. Hernandez-Reyes, 114 F.3d 800, 802 (8th Cir. 1997).

The judgment is affirmed.

A true copy.

Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri.

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