U.S. v. TOLEN

No. 97-3949.

143 F.3d 1121 (1998)

UNITED STATES of America, Appellee, v. Floyd TOLEN, Also Known as Cass, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 8, 1998.


Attorney(s) appearing for the Case

Lawrence J. Fleming, East St. Louis, IL, argued, for Appellant.

Michael C. Carr, Special Asst. Atty., Fairview Heights, IL, argued (Robert T. Coleman, on the brief), for Appellee.

Before WOLLMAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


MORRIS SHEPPARD ARNOLD, Circuit Judge.

The single issue raised in this appeal is whether the district court clearly erred in finding that Floyd Tolen made an "express threat of death" against a teller when Mr. Tolen robbed a bank in St. Louis, and was therefore subject to a two-level increase in offense level under the relevant federal sentencing guideline. See U.S.S.G. § 2B3.1(b)(2)(F). We hold that the district...

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