U.S. v. TUCK

No. 91-8781.

964 F.2d 1079 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Rogers TUCK, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 29, 1992.


Attorney(s) appearing for the Case

Paul S. Kish, Federal Defender Program, Inc., Atlanta, Ga., for defendant-appellant.

F. Gentry Shelnutt, Jr., Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before COX, Circuit Judge, CLARK and WELLFORD, Senior Circuit Judges.


CLARK, Senior Circuit Judge:

Jimmy Rogers Tuck appeals his sentence imposed by the district court for bank robbery in violation of 18 U.S.C. § 2113(a). Specifically, he challenges a two-level enhancement under the United States Sentencing Guidelines, imposed for making an "express threat of death" while committing the robbery.

I.

The facts are not in dispute. On March 28, 1991, Tuck entered a branch of the Citizens and Southern National Bank...

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