Legal Opinion
United States v. Paul A. Carbaugh
Court of Appeals for the Seventh Circuit
Decided June 30, 1998No. 97-2311PublishedCited by 28 opinions
1Opinion of the Court
ESCHBACH, Circuit Judge.
In this case the parties ask us to decide whether the words “I have a gun” constitute a “threat of death” for purposes of U.S.S.G. § 2B3.1(b)(2)(F) when made in the context of a bank robbery.
On September 11, 1996, defendant entered a bank, placed a bag on the counter and declared, “This is a robbery.” The teller asked, “Are you for real?” Defendant responded, “This is a robbery. Put the money in the bag. I have a gun.” According to the teller, as the defendant announced that he had a gun, he also moved his hand toward his waist. The teller saw a bulge in the…
2Cases cited10 opinions
- United States v. Michael E. WyattCourt of Appeals for the Seventh Circuit · 1996
- United States v. Susan P. RobinsonCourt of Appeals for the Seventh Circuit · 1994
- United States v. Juan FigueroaCourt of Appeals for the Third Circuit · 1997
- United States v. Andrew L. HunnCourt of Appeals for the Seventh Circuit · 1994
- United States v. Nicol Bomski, Brian Ferguson, and Latasha T. ConleyCourt of Appeals for the Seventh Circuit · 1997
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- United States v. Emery Lee GageCourt of Appeals for the Seventh Circuit · 1999
- United States v. WhiteCourt of Appeals for the Seventh Circuit · 2011
- United States v. Rebecca GibsonCourt of Appeals for the Seventh Circuit · 1998
- United States v. Timothy S. RaszkiewiczCourt of Appeals for the Seventh Circuit · 1999
- United States v. Emmanuel HartCourt of Appeals for the Seventh Circuit · 2000
23 more not listed; retrieve them via the Exa API.