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Criminal Law: Bank Robbery-Sentencing Enhancement-Death Threats Made During Crime
Staff Report//August 5, 2019//
Criminal Law: Bank Robbery-Sentencing Enhancement-Death Threats Made During Crime
Staff Report//August 5, 2019//
Defendant pleaded guilty to bank robbery. His presentence report applied a two-level enhancement after finding defendant made a death threat during the robbery. On appeal, defendant challenged the sentencing enhancement and argued that his sentence was substantively unreasonable.
Where defendant’s total offense level would have been the same absent the threat-of-death enhancement due to an obstruction-of-justice enhancement on another charge, defendant was not prejudiced by the threat-of-death enhancement.
Judgment is affirmed.
U.S. v. Holmes (MLW No. 73673/Case No. 18-1800 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri, Fenner, J.
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