United States v. Richard Lee Paine, Sr.

BYE, Circuit Judge.

In this direct criminal appeal, Richard Lee Paine, Sr., appeals the district court’s 1 finding he “otherwise used” rather than “brandished” a firearm within the meaning of United States Sentencing Guidelines § 2B3.1(b)(2)(B) during a June 15, 2002, bank robbery. He also appeals the district court’s finding he “used or attempted to use” his sixteen-year-old son within the meaning of U.S.S.G. § 3B1.4 during the commission of the robbery. We affirm.

I

On June 15, 2002, the O’Bannon Bank in Dallas County, Missouri, was robbed by two males wearing baseball caps and sunglasses. The…