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U.S. v. MORRILL

No. 91-8386.

984 F.2d 1136 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred Octave MORRILL, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 16, 1993.

Attorney(s) appearing for the Case

H. Bradford Morris, Jr., Gainesville, GA (court-appointed), for defendant-appellant.

Caroly J. Adams, Asst. U.S. Atty., Atlanta, GA, for plaintiff-appellee.

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges.

PER CURIAM:

Whether a bank teller is per se a vulnerable victim under section 3A1.1 of the federal Sentencing Guidelines is the sole issue in this case. That section instructs sentencing judges:

If the defendant knew or should have known that a victim of the offense was unusually vulnerable due to age, physical or mental condition, or that a victim was otherwise particularly susceptible to the criminal conduct, increase [the defendant's offense level...

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