United States v. Acme W. Price ( 1997 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 97-2444
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Acme W. Price, * [UNPUBLISHED]
*
Appellant. *
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Submitted: September 5, 1997
Filed: September 18, 1997
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Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges.
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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
120 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.
1
The Honorable Catherine D. Perry, United States District Judge for the Eastern
District of Missouri.
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