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U.S. v. MIERA

No. 07-4211.

539 F.3d 1232 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Jacob Mark MIERA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 26, 2008.

Attorney(s) appearing for the Case

Bretta Pirie, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender, with her on the briefs), Office of the Federal Defender, Salt Lake City, UT, for Defendant-Appellant.

Elizabethanne C. Stevens, Assistant United States Attorney (Brett L. Tolman, United States Attorney, with her on the brief), Office of the United States Attorney, Salt Lake City, UT, for Plaintiff-Appellee.

Before KELLY, EBEL, and O'BRIEN, Circuit Judges.

EBEL, Circuit Judge.

This direct criminal appeal involves a single sentencing issue: whether the district court erred in enhancing Defendant-Appellant Jacob Miera's offense level for physically restraining persons during a bank robbery. Miera and his brother, Timothy, robbed a bank in West Valley, Utah. During the course of the robbery, Timothy stood in front of the bank's door waving a gun and demanding that the bank's occupants "don't move." The district court determined...

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