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U.S. v. JENNINGS

No. 04-10343.

439 F.3d 604 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. David Frank JENNINGS, a/k/a Mike Frank Stout, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2006.

Attorney(s) appearing for the Case

Daniel G. Bogden, United States Attorney, Camille W. Damm, Assistant United States Attorney, and J. Gregory Damm, Assistant United States Attorney, Las Vegas, NV, for the plaintiff-appellant.

Franny A. Forsman, Federal Public Defender, and Jason Carr, Assistant Federal Public Defender, Las Vegas, Nevada, for the defendant-appellee.

Before BETTY B. FLETCHER, JOHN R. GIBSON, and MARSHA S. BERZON, Circuit Judges.

BERZON, Circuit Judge.

This appeal presents the question left open by this court in United States v. France, 57 F.3d 865 (9th Cir.1995): Whether a defendant who, in the course of a bank robbery, states that he has a gun but makes no reference to his willingness to use it is subject to a two-level sentencing enhancement for a "threat of death" pursuant to United States Sentencing Guidelines (U.S.S.G. or Guidelines) § 2B3...

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