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U.S. v. HOUSTON

No. 99-50426.

217 F.3d 1204 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. William Kelvin HOUSTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 5, 2000.

Attorney(s) appearing for the Case

David J. Zugman, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

Richard C. Cheng, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: WALLACE, TROTT, and GOULD, Circuit Judges.

TROTT, Circuit Judge:

William Kelvin Houston ("Houston") pleaded guilty to two counts of bank robbery pursuant to 18 U.S.C. § 2113(a). At sentencing, the district court enhanced Houston's base offense level by two, pursuant to United States Sentencing Guideline ("U.S.S.G.") § 2B3.1(b)(2) for express threats of death Houston allegedly made to two bank tellers during the course of the robberies. Houston asserts error in the district court's treatment of the...

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