United States v. Hernandez

McWILLIAMS, Senior Circuit Judge.

Pursuant to a plea agreement with the United States, Steve D. Hernandez pleaded guilty to a one-count criminal information charging him with taking by force, violence and intimidation money belonging to the Bank of America in Albuquerque, New Mexico, the deposits of which were insured by the Federal Deposit Insurance Corporation, in violation of 18 U.S.C. § 2113(a). At sentencing, the district court raised Hernandez’ base offense level two levels, i.e., from 19 to 21, because it found that Hernandez made “an express threat of death” during the robbery, which…