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United States v. D'Angelo

United States Court of Appeals, First Circuit

October 6, 2015

UNITED STATES OF AMERICA, Appellee,
v.
MICHEL D'ANGELO, Defendant, Appellant

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE. Hon. Nancy Torresen, U.S. District Judge.

David J. Van Dyke and Hornblower Lynch Rabasco & Van Dyke, P.A., on brief for appellant.

René e M. Bunker, Assistant United States Attorney, and Thomas E. Delahanty II, United States Attorney, on brief for appellee.

Before Howard, Chief Judge, Torruella and Barron, Circuit Judges.

OPINION

Page 206

TORRUELLA, Circuit Judge.

Defendant-appellant Michel D'Angelo (" D'Angelo" ) pleaded guilty to bank robbery, 18 U.S.C. § 2113(a), and was sentenced to 180 months' imprisonment, a downwardly variant sentence. He appeals the district court's denial of credit for acceptance of responsibility under the United States Sentencing Guidelines (" U.S.S.G." ) § 3E1.1. Finding no error, we affirm.

I. Facts

Because D'Angelo pleaded guilty, our discussion of the facts is drawn from the change-of-plea colloquy, the unchallenged portions of the Presentence Investigation Report (" PSR" ), and the transcript of the sentencing hearing. See United States v. Cintron-Echautegui, 604 F.3d 1, 2 (1st Cir. 2010).

On September 21, 2012, D'Angelo and his then-girlfriend, Jennica Miller (" Miller" ), robbed the Kennebunk Savings Bank (" KSB" ) in Berwick, Maine. D'Angelo entered the bank dressed as a woman in a pink sweatsuit, wearing a wig and sunglasses, and carrying a purse, while Miller called 9-1-1 and falsely reported having just been stabbed by her boyfriend in a mobile home park in an attempt to distract

Page 207

the police.[1] D'Angelo carried a screwdriver " he planned to display as a weapon if the bank tellers were not compliant with his demands." [2] He approached a bank teller, demanded cash, and -- according to the witnesses -- threatened to set a bomb off if any alarm button was pressed. After obtaining $1,298, D'Angelo fled the scene with Miller.

Two days after the robbery, the police recovered a series of items that had been discarded along the side of the road, less than a mile away from the KSB. These included a bleach-soaked pink sweatsuit, a wig, and a screwdriver, among other things. Authorities later confirmed that these items belonged to Miller.[3] A confidential informant and a family member identified the bank robber depicted in KSB surveillance images as D'Angelo.

D'Angelo was arrested on April 11, 2013, for bank robbery. On June 18, 2013, an indictment charged him and Miller with bank robbery in violation of 18 U.S.C. § 2113(a) and aiding and abetting such conduct in violation of 18 U.S.C. § 2. D'Angelo initially pleaded not guilty, and filed two motions to suppress evidence, which the government opposed. He then withdrew both motions and, on February 13, 2014, entered a straight guilty plea.[4] At his change-of-plea hearing, D'Angelo admitted to all the facts stated by the government in its " Prosecution ...


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