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U.S. v. ALEXANDER

No. 95-1961.

88 F.3d 427 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest ALEXANDER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 10, 1996.

Attorney(s) appearing for the Case

Michael R. Carithers, Jr. (argued and briefed), Office of the U.S. Attorney, Detroit, MI, for Plaintiff-Appellee.

Richard M. Helfrick (argued and briefed), Federal Public Defenders Office, Detroit, MI, for Defendant-Appellant.

Before: ENGEL, SUHRHEINRICH, and COLE, Circuit Judges.

SUHRHEINRICH, Circuit Judge.

Section 2B3.1(b)(2)(F) of the United States Sentencing Guidelines permits a two-level enhancement to the base offense level of 20 for robbery under U.S.S.G. § 2B3.1(a) if an "express threat of death" is made during the course of the robbery. The sole question in this case is whether the enhancement applies if the defendant indicates merely that he has a bomb and a gun. The district court held...

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