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U.S. v. GRAY

No. 89-2193.

895 F.2d 1225 (1990)

UNITED STATES of America, Appellee, v. Lowell David GRAY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 12, 1990.

Attorney(s) appearing for the Case

Lee T. Lawless, St. Louis, Mo., for appellant.

Richard L. Poehling, St. Louis, Mo., for appellee.

Before JOHN R GIBSON, Circuit Judge, and FLOYD R. GIBSON and ROSS, Senior Circuit Judges.

PER CURIAM.

Lowell David Gray pleaded guilty to unarmed bank robbery, in violation of 18 U.S.C. § 2113(a). The sole issue on appeal is whether the district court1 correctly found that an unloaded BB gun was a dangerous weapon warranting a three-point increase in the offense level under Sentencing Guideline § 2B3.1. We affirm.

The facts are not disputed. On December 9, 1988, Gray and an accomplice robbed a federally insured...

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