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U.S. v. ROBINSON

No. 95-3174.

86 F.3d 1197 (1996)

UNITED STATES of America, Appellee, v. Robert ROBINSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 1996.

Attorney(s) appearing for the Case

Teresa Alva, Assistant Federal Public Defender, Washington, DC, argued the cause for appellant. A.J. Kramer, Federal Public Defender, and Frances H. Pratt, were on the briefs.

Chun T. Wright, Assistant United States Attorney, Washington, DC, argued the cause for appellee, with whom Eric H. Holder, Jr., United States Attorney, John R. Fisher, Thomas C. Black and Michael F. Tubach, Assistant United States Attorneys, were on the brief.

Before: EDWARDS, Chief Judge, SILBERMAN and TATEL, Circuit Judges.

Opinion for the Court by Circuit Judge TATEL.

TATEL, Circuit Judge:

"Give me one pack of 20s or I will shoot somebody in here now," read the note with which appellant robbed a Washington, D.C. bank. The question before us is whether those words amount to an "express threat of death" within the meaning of section 2B3.1(b)(2)(F) of the Sentencing Guidelines. Holding that they do, we affirm the district court's two-level enhancement of appellant's sentence.<...

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