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U.S. v. LAFORTUNE

No. 99-1059.

192 F.3d 157 (1999)

UNITED STATES, Appellee, v. David Holis LAFORTUNE, a/k/a Luckie, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 15, 1999.

Attorney(s) appearing for the Case

Joseph S. Berman, by appointment of the Court, with whom Berman & Dowell was on brief, for appellant.

Margaret D. McGaughey, Assistant United States Attorney, with whom Jay P. McCloskey, United States Attorney, was on brief, for appellee.

Before TORRUELLA, Chief Judge, HILL, Senior Circuit Judge, and BOUDIN, Circuit Judge.

HILL, Senior Circuit Judge.

Appellant David Hollis "Luckie" LaFortune is an admitted bank robber. In calculating LaFortune's sentence, the district court added a six-level weapons enhancement, finding that LaFortune had "otherwise used," U.S.S.G. § 2B3.1(b)(2)(B), rather than "brandished, displayed, or possessed," U.S.S.G. § 2B3.1(b)(2)(C), a firearm during the robbery which would have warranted only a five-level enhancement. We affirm.

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