U.S. v. BURNS

No. 98-1271.

160 F.3d 82 (1998)

UNITED STATES of America, Appellee, v. Thomas J. BURNS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 20, 1998.


Attorney(s) appearing for the Case

Miriam Conrad for appellant.

Robert E. Richardson, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief for appellee.

Before LYNCH, Circuit Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.


CYR, Senior Circuit Judge.

Defendant Thomas J. Burns challenges the two-point sentencing enhancement imposed upon him by the district court pursuant to USSG § 2B3.1(b)(2)(F) (1995) for having made "express threat[s] of death" during two separate bank robberies. We affirm.

I

BACKGROUND

Burns robbed the banks in the spring of 1997, on each occasion handing the teller a note warning: "I have a gun! Don't make me use it." After...

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