United States v. Grigsby, No. 11-2473 (7th Cir. 2012)
Annotate this CaseGrigsby and coconspirators executed two bank heists, stealing more than one-half million dollars from the bank where Grigsby worked as a teller. Grigsby was indicted on two counts of entering a federally insured bank for the purpose of committing a felony, 18 U.S.C. 2113(a). She pleaded guilty without a plea agreement to the first count and stipulated that she committed the second crime. With that, the government moved to dismiss the second count. In her sworn statement to the court, Grigsby minimized her role, trying to pin most of the blame on her coconspirators. The district court applied a two-level sentencing enhancement for obstruction of justice, U.S.S.G. 3C1.1, and a three-level enhancement for her supervisory role, 3B1.1(b). The resulting guidelines range was 46 to 57 months; the court chose a sentence of 57 months. The Seventh Circuit affirmed the sentence. Both enhancements were based on a factual finding that Grigsby lied during her plea colloquy in an intentional effort to mislead the court; the finding was supported by the evidence and specific enough to withstand clear-error review. The court sufficiently considered the section 3553(a) sentencing factors and was not required to specifically address Grigsby’s routine arguments for a below-guidelines sentence.
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