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U.S. v. WOOTEN

No. 11-5348.

689 F.3d 570 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. James WOOTEN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 20, 2012.

Attorney(s) appearing for the Case

ARGUED: Michael C. Holley , Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Christopher C. Sabis , United States Attorney's Office, Nashville, Tennessee, for Appellee. ON BRIEF: Michael C. Holley , Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Braden H. Boucek , United States Attorney's Office, Nashville, Tennessee, for Appellee.

MOORE, J., delivered the opinion of the court, in which DONALD, J., joined. SUTTON, J. (pp. 579-84), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

On September 23, 2010, Defendant-Appellant James Wooten robbed the Green Bank in Gordonsville, Tennessee. During the robbery, Wooten casually approached a teller, placed his hands on the counter, and twice quietly stated, "I am going to rob you." R. 41 (Sentencing Hr'g Tr. at 5). At first, Wooten's demeanor left the teller with doubts as to the sincerity of Wooten's demand. When the teller was slow to respond, Wooten...

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