United States v. Russell Leroy Eaton

HUG, Circuit Judge:

This case involves Russell Leroy Eaton’s appeal of his sentence, imposed under the Federal Sentencing Guidelines, following his guilty pleas to three counts of bank robbery, in violation of 18 U.S.C. § 2113(a). Eaton raises two challenges to the sentence imposed by the district court: that the court erred by (1) imposing a two-level increase to his offense level under Guidelines section 2B3.1(b)(2)(D) based on its finding that Eaton made “an express threat of death” during the commission of two of the robberies; and by (2) refusing to grant two-point reductions for…