Upward Variance for Bank Robber Affirmed

US v. Adams, No. 13-3207 (Kan), 5/15/14 (Published) - Upward variance in bank robbery case sentence affirmed. Held: (1) defendant was not entitled to minor participant offense level reduction because, even though he was a lookout and never entered the bank, he helped plan the robbery, and all who plan and participate in the robbery are equally culpable; (2) record clearly showed that court varied rather than departed upward, which would have been reviewed under a stricter standard; and (3) variance was not an abuse of discretion, mainly in light of defendant’s extensive criminal history.