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United States v. Barry, 1st Cir. (1996)
United States v. Barry, 1st Cir. (1996)
____________________
No. 96-1380
UNITED STATES,
Appellee,
v.
ROBERT M. BARRY,
Defendant, Appellant.
____________________
____________________
Before
____________________
United
States
Attorney,
and
Robert
________
____________________
Per Curiam.
__________
Robert M. Barry
for
bank robbery
claims that
in violation of
the district
18 U.S.C.
court erred
Under
least
2113(a).
by considering
4B1.1.
He
him a
We disagree.1
1
two prior
felony
convictions of
either
a crime
of
convictions
4B1.2(3).
must be unrelated.
commentary to
are
U.S.S.G.
The
plan."
Id.
___
and punishment.
plan because
for arrest
the
ends there.
In September
In
January
1984,
appellant
pleaded
guilty
to
charges
____________________
1Because
1
decline
to
appellant
obviously
address,
and
concerning, his
by
not ruling
treat
intervening
as
therefore
on his
motion objecting
arrest is
two
offenses
inconsistent
no
to career
we
opinion
offender
sentencing court
separated
with the
-2-
merits,
unrelated
the
express
loses on
by
an
guideline for
armed
robbery,
Massachusetts in
and
June
rape.
1983.
here, they
Yeo,
___
under U.S.S.G.
These
crimes
Ordinarily, crimes
628,
629 (1st
place
in
involving
936 F.2d
took
Cir.
unlike
1991)(thefts of
rented
not related,
make the
two
prior felony
common scheme
Fourth
or plan."
Circuit has
convictions
As the
part of
Court of
recognized, "[s]hared
"single
Appeals for
the
motivation cannot
in different jurisdictions,
into
227, 232
the
United States v.
_____________
course of
different robbery
purposes of determining
even though
are
not "related"
for
status,
committed to sustain
defendant's
Gelzer,
______
heroin addiction).
50 F.3d
Cir. 1995)
(the allegation
which
-3-
were
related; the
Commission did
not intend
that criminal
acts
For
the
foregoing reasons,
the
judgment of
the
-4-