United States v. Burns
Court of Appeals for the First Circuit
1Opinion of the Court
CYR, Senior Circuit Judge.
Defendant Thomas J. Burns challenges the two-point sentencing enhancement imposed upon him by the district court pursuant to USSG § 2B3.1(b)(2)(F) (1995) for having made “express threat[s] of death” during two separate bank robberies. We affirm.
I
BACKGROUND
Burns robbed the banks in the spring of 1997, on each occasion handing the teller a note warning: “I have a gun! Don’t make me use it.” After the government charged Burns with two counts of bank robbery, see 18 U.S.C. § 2113(a), the parties arrived at a plea agreement whereby the government promised to refrain, “at…
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