Legal Opinion

United States v. Burns

Court of Appeals for the First Circuit

Decided November 20, 1998No. 98-1271PublishedCited by 20 opinions

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…

2Cases cited23 opinions

  1. Stinson v. United StatesSupreme Court of the United States · 1993
  2. Anthony Correale v. United StatesCourt of Appeals for the First Circuit · 1973
  3. United States v. Barney Canada, A/K/A Byron Levon CanadaCourt of Appeals for the First Circuit · 1992
  4. United States v. David Henson, A/K/A Paul v. AndrewsCourt of Appeals for the First Circuit · 1991
  5. United States v. ClarkCourt of Appeals for the First Circuit · 1995

18 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. United States v. AlegriaCourt of Appeals for the First Circuit · 1999
  2. United States v. Kevin GilmoreCourt of Appeals for the Sixth Circuit · 2002
  3. United States v. EllisonCourt of Appeals for the First Circuit · 2017
  4. United States v. GrayCourt of Appeals for the First Circuit · 1999
  5. United States v. Bernard F. BradstreetCourt of Appeals for the First Circuit · 2000

15 more not listed; retrieve them via the Exa API.

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