United States v. James Samuel Hill

OPINION

MERRITT, Circuit Judge.

The defendant in this case pled guilty to bank robbery. During that robbery the defendant was shot twice by a security guard. The sole issue on appeal is whether the district court should not have given him a seven-level sentence enhancement for the discharge of a weapon when the only shots fired were by the security guard.

Facts and Procedural History

On January 30, 2002, the defendant-appellant James Samuel Hill robbed a bank in Lakeland, Tennessee. He did so by pretending to wield a weapon in the pocket of his jacket, though in fact he only had a hairbrush. As…