United States v. Jimmy Rogers Tuck

CLARK, Senior Circuit Judge:

Jimmy Rogers Tuck appeals his sentence imposed by the district court for bank robbery in violation of 18 U.S.C. § 2113(a). Specifically, he challenges a two-level enhancement under the United States Sentencing Guidelines, imposed for making an “express threat of death” while committing the robbery.

I

The facts are not in dispute. On March 28,1991, Tuck entered a branch of theCitizens and Southern National Bank in Nor-cross, Georgia. He handed a teller in the bank a brown paper bag, and told her to put money into it. The teller did not initially understand what Tuck…