U.S. Department of Justice
Sheldon J. (Shelly) Sperling
Sheldon.Sperling@usdoj.gov

United States Attorney

Eastern District of Oklahoma

For Release: November 26, 2008
For Further Information Contact: Sheldon J. Sperling, United States Attorney or Gregory Dean Burris, Assistant United States Attorney

Arvest Bank Robber Sentenced to Prison

MUSKOGEE, OKLAHOMA - United States Attorney Sheldon J. Sperling announced today MANUELITO RAMON OSBORNE, age 35, of Wagoner, Oklahoma, was sentenced to 132 months in prison for bank robbery. The federal court sentence in Muskogee was rendered by U.S. District Judge Ronald A. White.

"The U.S. Attorney's Office requested an upward departure from the advisory sentencing guidelines," U.S. Attorney Sperling noted. "The court granted our motion."
"Wagoner Police Department Captain Tony Ponds did a wonderful job on the witness stand. The Wal-Mart surveillance cameras video spoke loudly -- pictures being worth a thousand words."

"The defendant was sentenced to a non-parolable prison term of 132 months, a consecutive three-year term of supervised release, and restitution of $3,521.98."

"The defendant had been found competent to proceed," U.S. Attorney Sperling observed. "OSBORNE pled guilty on May 28, 2008."

"The law requires that a defendant be able to understand the nature and consequences of the proceedings against him," U.S. Attorney Sperling noted. "The law also requires that a defendant be able to assist properly in his defense."

"The defense had moved the Court for a determination of competency. The Court had ordered a competency hearing. The Court placed the defendant in the custody of the Attorney General. Deputy U.S. Marshals transported the defendant to the Springfield Medical Center for Federal Prisoners."

"The mental health evaluation was completed. A sealed report, based upon a comprehensive evaluation from mid-March to mid-April, was filed. The Court considered the examination, the report, and the stipulation or agreement of the counseled defendant. The Court found the defendant mentally competent to fully comprehend the proceedings, to communicate with his lawyer, and to assist in his defense."

"At the plea hearing, the defendant had waived his right to proceed before an Article III judge. The Magistrate Judge carefully made inquiry to ensure that defendant's meds did not affect his ability to think and comprehend. Defendant's prior mental exams involved diagnosis which do not bring into question defendant's present competence. He was found mentally competent to proceed."

"The U.S. Attorney announced a preliminary guideline sentence estimate of 100-125 months. Federal sentencing guidelines are advisory. That is, the sentencing court must consider, but need not follow, the guidelines."

"The defendant waived his constitutional rights. There is no plea agreement."

"The defendant pled guilty. He admitted that he robbed Arvest Bank in Wagoner."

"The Court found the defendant mentally competent to appreciate what he did - essentially, that he was legally sane. The Court then found the defendant guilty."

"The robbery occurred at about 3:35 PM on January 16, 2008," reported U.S. Attorney Sperling. "The indictment alleged that on the 16th of January, 2008, OSBORNE robbed Arvest Bank in Wagoner. The indictment further alleged that the robbery was committed by force, violence, intimidation, and by means of a .177 caliber CO-2 pellet pistol, model number 1088, patterned after a Sig Sauer P-220 silver semi-automatic pistol with black grips."

"The defendant's robbery netted approximately $1,600 in cash."

"The federal jurisdictional hook was that the Arvest Bank accounts are insured by the Federal Deposit Insurance Corporation," U.S. Attorney Sperling continued.
"I am very grateful for the quick response by Wagoner Police Officers," U.S. Attorney Sperling said. "WPD officers immediately brought county, state, and federal officers to town. The investigation was coordinated among the Wagoner Police Department, the Wagoner County Sheriff's Office, the Oklahoma Highway Patrol, the District 27 DA's Office, the Federal Bureau of Investigation, and the U.S. Marshal Service."

"Law enforcement officers timely, bravely, and effectively participated in this cooperative venture to protect the Wagoner area public. As a matter of routine and safety, we don't often publicly name individual officers. The agencies include the Wagoner Police Department, Wagoner County Sheriff 's Office, the Oklahoma Highway Patrol, the District Attorney's Office, the FBI, and the U.S. Marshal Service."

"This case involved an extremely dangerous high speed getaway from which the defendant, fortunately, didn't get away. Officers chased the fleeing fugitive from a crowded public area, shot out his rear tires, and NASCARed him off Highway 69 and away from the oncoming traffic lane. This case involved truly remarkable law enforcement work."

"Thanks, guys, for keeping us safe. We are often too quick to criticize and second-guess split-second decisions. Not today. Great work!" U.S. Attorney Sperling concluded.