U.S. v. SOTO-MARTINEZ

No. 02-20384. Summary Calendar.

317 F.3d 477 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy O. SOTO-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 6, 2003.


Attorney(s) appearing for the Case

Tony Ray Roberts, McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Richard O. Ely and Laura Fletcher Leavitt, Asst. Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal presents the issue whether a defendant's statement that "I have a gun" during the commission of a bank robbery constitutes a "threat of death," thus warranting a two-level increase in the offense level pursuant to U.S. Sentencing Guideline § 2B3.1(b)(2)(F). We have not addressed this issue since the amendment of the guideline in November 1997 removed a requirement that the threat of death be "express." We now...

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