Arkansas News Bureau

LITTLE ROCK — A federal appeals court on Thursday upheld the 12-year prison sentence of a man convicted of robbing the First National Bank of Cove in 2007.

The 8th U.S. Circuit Court of Appeals in St. Louis upheld the sentence of Randy Lee Werst, who had argued that U.S. District Court Judge Robert T. Dawson was unreasonable when he imposed a sentence greater than recommended under federal sentencing guidelines.

On Nov. 21, 2007, a man with a gun entered the First National Bank of Cove in Polk County and ordered the tellers to the floor. After threatening the tellers if they failed to comply, the man robbed the bank.

Werst was caught a short time later and pleaded guilty to one count of taking money belong to an institution insured by the Federal Deposit Insurance Corporation by force, violence and intimidation.

A pre-sentencing report discovered that Werst had been convicted 17 times for a variety of misdemeanors and felonies dating back to 1992, including theft of property, theft by receiving, forgery and burglary.

The report also noted that the tellers in the bank robbery had been traumatized by the robbery and one told a probation officer she had been suffering from ongoing anxiety attacks.

The pre-sentencing report recommended a sentence of between 77 and 96 months in prison, but Dawson focused on Werst’s criminal history and a threat he made to the bank teller.

“I think you … did terrorize and traumatize two young woman who may not ever get over what you have done,” Thursday’s decision quoted Dawson as saying during the sentencing.

Dawson went on to say the lengthy sentence was based on Werst’s use of a gun and criminal history.

Werst appealed, arguing the robbery was not unusual and didn’t require the “major upward variance” in his sentence.

The appeals court disagreed, saying Dawson did not abuse his discretion and “did not commit a clear error of judgment in weighing these relevant factors.”