United States v. Atwater

ORDER

The sole issue presented by this appeal is whether the district judge exceeded the scope of our remand (272 F.3d 511 (7th Cir.2001)). He did not. In the first decision of the district court, the judge (a different judge) increased the defendant’s sentence on the ground that the defendant, who had robbed a bank with another man, Cagle, must have known that Cagle was carrying a gun (the basis for the sentencing increase, U.S.S.G. § 2B3.1(b)(2)(C)) because the judge had “never heard of a bank robbery without a firearm.” We vacated the judgment because we did not think that such a…