United States v. Fentress

Robert Fentress (defendant) entered into a written plea agreement with the prosecution, in a federal criminal case against him, under which Fentress promised to plead guilty to one count of armed bank robbery, one count of bank robbery, and six other federal charges. The prosecution agreed to suggest to the court that the sentence on the first two charges together not exceed 25 years, to run consecutively, and that the sentences imposed on the remaining charges run concurrently with each other and with any other imposed sentence. The written plea agreement stated that it was the full and complete agreement between the parties and that no representations other than those contained in the agreement had been made. At sentencing, the prosecutor introduced a report showing that Fentress had stolen more than $37,000, but the government had recovered only $239. The prosecutor argued that the plea agreement did not include anything on the issue of restitution. The prosecutor also asked the court to run any sentences it imposed consecutively to a 12-year sentence that Fentress was serving for bank robbery in Georgia. The district court sentenced Fentress to 25 years for the bank robbery charges, to run consecutively to Fentress’s 12-year Georgia sentence, and five years for each of the six remaining charges, to run concurrently. The district court also ordered Fentress to make restitution to each of the robbed banks. Fentress appealed.