USA vs. Rosenblum, (5th Cir. 2002)
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* Pursuant to 5 T H C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 02-20181 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID MICHAEL ROSENBLUM, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CR-750-ALL December 13, 2002 Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: * David Michael Rosenblum appeals the sentence imposed after he pleaded guilty to bank robbery under 18 U.S.C. § 2113(a). He first argues that the district courtÂ’s upward departur e from the Sentencing Guidelines was unreasonable. The district court did not abuse its discretion by increasing RosenblumÂ’s offense level from nineteen to twenty on the ground that his criminal history category, although increased from V to VI, significantly He argues that because the district court apparently relied on his criminal history as set out in the PSR in upwardly departing, the failure to ascertain that he read and reviewed the PSR with counsel was prejudicial. However, Rosenblum is not entitled to relief because he does not suggest how he may have been prejudiced, such as if the PSR had misstated his criminal history. 3 AFFIRMED.
1 United States Sentencing Guidelines Manual § 4A1.3, p.s. (2001); see United States v. Ashburn , 38 F.3d 803, 808-10 (5th Cir. 1994) (en banc). 2 United States v. Esparza-Gonzalez , 268 F.3d 272, 273-74 (5th Cir. 2001), cert. denied , 122 S. Ct. 1547 (2002). 3 Rosenblum also contends that a Rule 32(c)(3)(A) violation is reversible error per se, but acknowledges that thi s argument is foreclosed by Esparza-Gonzales . 268 F.3d at 274. He thus preserves this argument for further review
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This document cites
- U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 2113 - Sec. 2113. Bank robbery and incidental crimes
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff - Appellee, v. Alfredo Esparza-Gonzalez, Also Known as Juan Valdez, Defendant - Appellant. United States of America, Plaintiff - Appellee, v. Jaime Gustavo Castillo-Tapia, Also Known as Victor Manuel Ochoa, Defendant - Appellant., 268 F.3d 272 (5th Cir. 2001)
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Philip Scott Ashburn, Defendant-Appellant., 38 F.3d 803 (5th Cir. 1994)
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