Public-domain · open source
OpenJurist

685 F.2d 326

Docket No. 82-1064X.

United States v. Cain

Ninth Circuit Court of Appeals

Argued and Submitted Aug. 9, 1982.

Decided Aug. 25, 1982.

Ninth Circuit Court of Appeals · decided 1982-08-25

Cited by 1 later decisions — most recently August 1982

1 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 2113

Relies on Dorszynski v. United States · United States v. DeWald

Good law ✅— No negative treatment on recordhow we know

Decided 1982-08-25

View the full empirical analysis of this case →

¶1Edward P. Moffat, Fresno, Cal., for defendant-appellant.

¶2Phillip S. Cronin, Asst. U. S. Atty., Fresno, Cal., for plaintiff-appellee.

¶3Before CHAMBERS and WALLACE, Circuit Judges, and JAMESON,* District Judge.

¶5Appellant pleaded guilty to bank robbery (18 U.S.C. § 2113(a)) and was thereafter the subject of a thorough psychiatric review prior to sentencing. The district judge offered him the option of a voluntary commitment to a state mental institution, but appellant flatly refused the offer. He was *327then sentenced to ten years under 18 U.S.C. 4205, well within the twenty-year maximum for the offense in question. He argues that the sentence is disproportionate to the offense, given his background.

¶6The sentence was well within statutory maximum limits and there are no reasons advanced by appellant that would justify our interference with the trial judge’s sentencing function. Dorszynski v. United States, 418 U.S. 424, 440-441, 94 S.Ct. 3042, 3051, 41 L.Ed.2d 855 (1974); United States v. DeWald, 669 F.2d 590 (9th Cir. 1982).

¶7Affirmed.

/685/f2d/326 · .json · Public domain