United States v. Darryl L. Canzater, United States of America v. Michael Carl Remillong

This consolidated appeal involves two cases in which the defendant’s offense level at sentencing was increased because the district court found that the defendant, in committing a robbery, made an “express threat of death” as defined in U.S.S.G. § 2B3.1(b)(2)(D) (1990). 1 We must determine whether the defendants’ actions were properly found to constitute an express threat of death. We REVERSE and REMAND.

I. BACKGROUND

A. Darryl L. Canzater

On November 15,1990, Darryl L. Canzater entered a bank and handed the teller a brown paper bag. On the bag were the words, “In the bag a gun 100s and 50s.”…