Legal Opinion
United States v. David Frank Jennings, A/K/A Mike Frank Stout
Court of Appeals for the Ninth Circuit
Decided March 2, 2006No. 04-10343PublishedCited by 24 opinions
1Opinion of the Court
BERZON, Circuit Judge.
This appeal presents the question left open by this court in United States v. France, 57 F.3d 865 (9th Cir.1995): Whether a defendant who, in the course of a bank robbery, states that he has a gun but makes no reference to his willingness to use it is subject to a two-level sentencing enhancement for a “threat of death” pursuant to United States Sentencing Guidelines (U.S.S.G. or Guidelines) § 2B3.1(b)(2)(F).1 Although we decline to impose a per se rule in answer to this question, we hold that under most circumstances, a bank robber’s statement that he has a gun is…
2Cases cited24 opinions
- United States v. BookerSupreme Court of the United States · 2004
- United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
- United States v. CantrellCourt of Appeals for the Ninth Circuit · 2006
- United States v. Isidro Moreno-HernandezCourt of Appeals for the Ninth Circuit · 2005
- United States v. Rodney Robert Kimbrew, A.K.A. Carlton CochranCourt of Appeals for the Ninth Circuit · 2005
19 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- United States v. Marcus WatsonCourt of Appeals for the Ninth Circuit · 2018
- United States v. Candelario Silvestre Beltran-MunguiaCourt of Appeals for the Ninth Circuit · 2007
- United States v. Sue Ellen StatenCourt of Appeals for the Ninth Circuit · 2006
- United States v. Christopher Michael PikeCourt of Appeals for the Ninth Circuit · 2007
- United States v. James WootenCourt of Appeals for the Sixth Circuit · 2012
19 more not listed; retrieve them via the Exa API.