U.S. v. CARBAUGH

No. 97-2311.

141 F.3d 791 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Paul A. CARBAUGH, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 14, 1998.

Rehearing and Suggestion for Rehearing Denied June 30, 1998.


Attorney(s) appearing for the Case

Helene B. Greenwald (argued), Kaarina Salovaara, Office of the United States Attorney, Criminal Division, Chicago, IL, for Plaintiff-Appellant.

Andrea P. Taylor (argued), Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellee.

Before ESCHBACH, RIPPLE, and ROVNER, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied June 30, 1998.

ESCHBACH, Circuit Judge.

In this case the parties ask us to decide whether the words "I have a gun" constitute a "threat of death" for purposes of U.S.S.G. § 2B3.1(b)(2)(F) when made in the context of a bank robbery.

On September 11, 1996, defendant entered a bank, placed a bag on the counter and declared, "This is a robbery." The teller asked, "Are you for real?" Defendant responded...

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