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U.S. v. SOUTHER

No. 99-4582.

221 F.3d 626 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Joseph SOUTHER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 18, 2000

Attorney(s) appearing for the Case

ARGUED: Philip James Roth, Jr., Asheville, North Carolina, for Appellant. Brian Lee Whisler, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Mark T. Calloway, United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Before WIDENER and KING, Circuit Judges, and Henry M. HERLONG, Jr., United States District Judge for the District of South Carolina, sitting by designation.

OPINION

HERLONG, District Judge.

Robert Joseph Souther ("Souther") appeals the 108-month sentence he received after pleading guilty to two counts of bank robbery in violation of 18 U.S.C.A. § 2113(a) (West Supp.2000). He claims that the district court improperly enhanced his base offense level by three levels for brandishing, displaying, or possessing a dangerous weapon pursuant to section 2B3.1(b)(2)(E) of the United States Sentencing Commission...

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