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U.S. v. CANZATER

Nos. 91-3534, 91-3602.

994 F.2d 773 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Darryl L. CANZATER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Michael Carl REMILLONG, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 2, 1993.

Attorney(s) appearing for the Case

Clarence W. Counts, Jr., Asst. Federal Public Defender, Orlando, FL, for Darryl L. Canzater.

Robert W. Genzman, U.S. Atty., Judy K. Hunt, Asst. U.S. Atty., Orlando, FL, Karla Spaulding, Asst. U.S. Atty., Tampa, FL, for U.S. in No. 91-3534.

Joel T. Remland, Asst. Federal Public Defender, Orlando, FL, for Michael Carl Remillong.

Bruce Hinshelwood, Asst. U.S. Atty., Orlando, FL, Karla R. Spaulding, Asst. U.S. Atty., Tampa, FL, Judy K. Hunt, Asst. U.S. Atty., Orlando, FL, for U.S. in No. 91-3602.

Before BIRCH, Circuit Judge, CLARK, Senior Circuit Judge, and HOEVELER, Senior District Judge.

PER CURIAM:

This consolidated appeal involves two cases in which the defendant's offense level at sentencing was increased because the district court found that the defendant, in committing a robbery, made an "express threat of death" as defined in U.S.S.G. § 2B3.1(b)(2)(D) (1990).1 We must determine whether the defendants' actions were properly found to constitute an express threat of death. We REVERSE and REMAND.

I. BACKGROUND...

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