United States v. Miera

EBEL, Circuit Judge.

This direct criminal appeal involves a single sentencing issue: whether the district court erred in enhancing Defendant Appellant Jacob Miera’s offense level for physically restraining persons during a bank robbery. Miera and his brother, Timothy, robbed a bank in West Valley, Utah. During the course of the robbery, Timothy stood in front of the bank’s door waving a gun and demanding that the bank’s occupants “don’t move.” The district court determined that under such circumstances U.S.S.G. § 2B3.1(b)(4)(B) 1 applied and therefore increased Miera’s offense level by two.…