U.S. v. HART

No. 99-3846.

226 F.3d 602 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Emmanuel HART, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 21, 2000.


Attorney(s) appearing for the Case

Ted Chung (argued), Office of the U.S. Attorney, Criminal Division, Chicago, IL, for Plaintiff-Appellee.

Terence MacCarthy, Andrea E. Gambino (argued), Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellant.

Before POSNER, RIPPLE and ROVNER, Circuit Judges.


RIPPLE, Circuit Judge.

In this case, we must decide whether the display of bags and shoe boxes during a bank robbery, when accompanied by the express threat that they contain a bomb, constitutes the brandishing, displaying or possessing of a dangerous weapon within the meaning of U.S.S.G. § 2B3.1(b)(2)(E). The district court applied the enhancement on the facts presented by this case. For the reasons set forth in the following opinion, we affirm the judgment...

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