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U.S. v. LAUGHY

No. 1429, Docket 89-1157.

886 F.2d 28 (1989)

UNITED STATES of America, Appellee, v. Harry J. LAUGHY, Jr., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 19, 1989.

Attorney(s) appearing for the Case

William K. Sessions, III, Sessions, Keiner, Dumont & Barnes, Middlebury, Vt., submitted a brief, for defendant-appellant.

David V. Kirby, Asst. U.S. Atty., Chief, Crim. Div., D.Vt., argued, and with George J. Terwilliger, III, U.S. Atty., R. Jeffrey Behm, Asst. U.S. Atty., submitted a brief, for appellee.

Before MINER and ALTIMARI, Circuit Judges, and KELLEHER, District Judge.

PER CURIAM:

Harry J. Laughy, Jr., appeals from the sentence imposed by the United States District Court, District of Vermont (Billings, J.), after his plea of guilty to unarmed bank robbery in violation of 18 U.S.C. § 2113(a). Laughy was sentenced pursuant to the Federal Sentencing Guidelines.

This appeal raises the question of whether an inoperable pellet gun is a "dangerous weapon" within the meaning of Guideline § 2B3.1(b)(2)(C). We find that...

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