U.S. v. BATES

No. 99-2060.

213 F.3d 1336 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin Lyne BATES, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 6, 2000.


Attorney(s) appearing for the Case

Gwendolyn L. Spivey, Tallahassee, FL, for Defendant-Appellant.

William H. Stafford, Nancy J. Hess, Pamela A. Moine, Pensacola, FL, William Wagner, Dept. of Justice, Gainesville, FL, for Plaintiff-Appellee.

Before DUBINA and BLACK, Circuit Judges, and BECHTLE, Senior District Judge.


DUBINA, Circuit Judge:

Marvin Lyne Bates ("Bates") pled guilty to bank robbery, in violation of 18 U.S.C. § 2113(a). The district court sentenced Bates to 78 months imprisonment, and imposed a three-level enhancement to his base offense level for "brandish[ing], display[ing], or possess[ing]" a dangerous weapon, pursuant to U.S.S.G. § 2B3.1(b)(2)(E), and a two-level enhancement for carjacking, pursuant to U.S.S.G. § 2B3.1(b)(5). Bates contends that...

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