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United States v. Travis Bullington
Citations: 153 F.3d 728; 1998 WL 380909Docket: 97-8076
Court: Court of Appeals for the Tenth Circuit; April 16, 1998; Federal Appellate Court
Travis Bullington pleaded guilty to multiple charges including being a felon in possession of a firearm, conspiracy to commit bank robbery, and three counts of bank robbery. He was sentenced to 137 months in prison followed by three years of supervised release. Bullington appealed the two-level enhancement of his offense level based on his role as an organizer, leader, manager, or supervisor under the U.S. Sentencing Guidelines (USSG) § 3B1.1. The Tenth Circuit Court reviewed the appeal and affirmed the district court's decision. Bullington contended that there was insufficient evidence to support his enhancement as an organizer or leader. However, the court found ample evidence indicating that he exercised control over his co-conspirators, including initiating the robbery plan and directing the execution of the robberies. The district court had made specific findings regarding Bullington's role, categorizing him as a "co-leader" of the conspiracy, which was supported by the record. Bullington's reliance on a prior case was deemed misplaced, as the district court's findings were specific and met the criteria outlined in USSG § 3B1.1. The appellate court determined that oral argument was unnecessary for this case and noted that the order and judgment is not binding precedent but may be cited under certain conditions outlined in the Tenth Circuit rules.