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U.S. v. BLAKE

No. 94-6307.

59 F.3d 138 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Ray BLAKE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 16, 1995.

Attorney(s) appearing for the Case

Frank M. Ringer, Asst. U.S. Atty., Oklahoma City, OK (Rozia McKinney-Foster, U.S. Atty., and M. Jay Farber, Asst. U.S. Atty., with him on the brief), for plaintiff-appellee.

June E. Tyhurst, Federal Public Defender, Oklahoma City, OK, for defendant-appellant.

Before BRORBY, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and OWEN, Senior District Judge.

OWEN, Senior District Judge.

This appeal from a District Court's sentence for robberies raises the claim of impermissible double counting under the Federal Sentencing Guidelines where a firearm was brandished in each of two separate bank robberies.

On April 12, 1994, Robert Ray Blake, brandishing a revolver, robbed a Local Federal Savings and Loan Bank in Oklahoma City, Oklahoma and got away with some $2,600. Two weeks later, on April 27, he

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