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U.S. v. FRANKS

No. 98-4543.

183 F.3d 335 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Dexter Allen FRANKS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 12, 1999.

Attorney(s) appearing for the Case

ARGUED: Louis Carr Allen III, Federal Public Defender, Greensboro, North Carolina, for Appellant. Douglas Cannon, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. ON BRIEF: William C. Ingram, First Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Walter C. Holton, Jr., United States Attorney, Greensboro, North Carolina, for Appellee.

Before WIDENER, NIEMEYER, and KING, Circuit Judges.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge WIDENER and Judge NIEMEYER joined.

OPINION

KING, Circuit Judge:

Dexter Franks pleaded guilty to one count of bank robbery under 18 U.S.C. § 2113(a). At sentencing, the district court enhanced Franks's base offense level by two points because the court concluded that, during the course of the robbery, Franks had made a "threat of death" within the meaning of § 2B3...

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