US v. Robert Sykes, Jr.
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cr-00458-MJG-1. Copies to all parties and the district court. . [16-4206]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
ROBERT WILLIAM SYKES, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Marvin J. Garbis, Senior District
December 15, 2016
December 20, 2016
Before WILKINSON, KING, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James Wyda, Federal Public Defender, Meghan Skelton, OFFICE OF
THE FEDERAL PUBLIC DEFENDER, Greenbelt, Maryland, for Appellant.
Rod J. Rosenstein, United States Attorney, David Metcalf,
Assistant United States Attorney, Baltimore, Maryland, for
Unpublished opinions are not binding precedent in this circuit.
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Robert William Sykes, Jr. pleaded guilty to two counts of
interference with commerce by robbery, in violation of 18 U.S.C.
Sykes to 72 months of imprisonment and he now appeals.
no error, we affirm.
On appeal, Sykes first argues that the district court erred
in declining to reduce his offense level for the second count by
court’s legal conclusions de novo and its factual findings for
United States v. Manigan, 592 F.3d 621, 626 (4th
2X1.1(b)(1) of the Guidelines provides:
If an attempt, decrease by [three] levels, unless the
believed necessary for successful completion of the
substantive offense or the circumstances demonstrate
that the defendant was about to complete all such acts
but for apprehension or interruption by some similar
event beyond the defendant’s control.
“The commentary to § 2X1.1 explicitly states that the reduction
is intended for cases in which the defendant is arrested well
United States v. Shakur, 7 F. App’x 289, 290 (4th
Cir. 2001) (No. 00-4755).
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affecting, in any way, the movement of any article or commodity
in commerce by robbery or extortion, attempt or conspiracy to
commit robbery or extortion, or threats of physical violence.
elements: (1) robbery or extortion, and (2) interference with
United States v. Taylor, 754 F.3d 217, 222 (4th Cir.
defines robbery as the unlawful taking or obtaining of personal
property from the person by means of actual or threatened force,
or violence, or fear of injury, to his person or property at the
time of the taking or obtaining.”
United States v. Strayhorn,
743 F.3d 917, 922 (4th Cir. 2014) (internal quotation marks and
We have thoroughly reviewed the record
under the Guidelines.
motion for a downward departure under USSG § 4A1.3(b) because
his criminal history category overrepresented the seriousness of
his criminal history.
“We are unable, however, to review a
United States v. Louthian, 756 F.3d 295, 306 (4th Cir. 2014).
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Here, it is clear that the district court did not misapprehend
Id. at 306.
Accordingly, we affirm the judgment of the district court.
this court and argument would not aid in the decisional process.
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