United States v. Sherman, 041311 FED3, 10-2030

Docket Nº:10-2030
Opinion Judge:FISHER, Circuit Judge.
Party Name:UNITED STATES OF AMERICA v. ROLAND SHERMAN, Appellant
Judge Panel:Before: FISHER, JORDAN and COWEN, Circuit Judges.
Case Date:April 13, 2011
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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UNITED STATES OF AMERICA

v.

ROLAND SHERMAN, Appellant

No. 10-2030

United States Court of Appeals, Third Circuit

April 13, 2011

NOT PRECEDENTIAL

Submitted Pursuant to Third Circuit LAR 34.1(a) April 11, 2011.

On Appeal from the United States District Court for the District of New Jersey (D.C. No. 2-09-cr-00511-001) District Judge: Honorable Peter G. Sheridan.

Before: FISHER, JORDAN and COWEN, Circuit Judges.

OPINION

FISHER, Circuit Judge.

Roland Sherman pled guilty to one count of assaulting a person with intent to commit theft of property belonging to the United States, in violation of 18 U.S.C. § 2114(a), and one count of interference with commerce by threat or violence, in violation of 18 U.S.C. § 1951(a). The District Court sentenced him to 188 months' imprisonment on each count to be served concurrently. On appeal, Sherman challenges the District Court's application of the career offender enhancement under U.S.S.G. § 4B1.1 and the reasonableness of his sentence. For the reasons set forth below, we will affirm.

I.

We write exclusively for the parties, who are familiar with the factual context and legal history of the case. Therefore, we will set forth only those facts necessary to our analysis.

On May 19, 2009, Sherman approached a postal clerk outside of the Ampere Station Post Office in East Orange, New Jersey. Sherman pointed a handgun at her head and demanded money. After forcing the clerk into the post office, he took approximately $7, 500 in cash, checks, and money orders from the post office safe and $190 from the cash drawer. Before leaving the premises, Sherman ordered the clerk to get on the floor and duct taped her wrists behind her back.

Sixteen days later, Sherman robbed a Papa John's restaurant in Irvington, New Jersey. He walked into the restaurant, pointed a handgun at restaurant employees, and demanded money. He received approximately $150 from the cash register and fled.

A grand jury returned a two-count indictment charging Sherman with robbery of a federal employee, in violation of 18 U.S.C. § 2114(a), and obstructing commerce by robbery, in violation of 18 U.S.C. § 1951. He pled guilty to the indictment pursuant to a plea agreement.

The Presentence Investigation Report ("PSR") calculated Sherman's initial base offense level at 27. He was placed in a criminal history category of VI, based on his significant criminal history dating back to 1979. Because Sherman qualified as a career...

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