Legal Opinion

United States v. Daniel L. Strandberg

Court of Appeals for the Ninth Circuit

Decided December 30, 1991No. 90-10615PublishedCited by 29 opinions

1Opinion of the Court

ALARCON, Circuit Judge:

Daniel Lee Strandberg appeals from the sentence imposed by the district court. He contends that the court erred in ordering a two-point upward adjustment under United States Sentencing Guidelines § 2B3.1(b)(2)(F) (formerly § 2B3.1(b)(2)(D)) of the offense level because he uttered an express threat of death.

We affirm because we conclude that Strandberg’s admonition to a teller not to “pull the alarm or my friend will start shooting” is an express threat of death justifying a two-level upward adjustment under the applicable sentencing guideline.

I

Pertinent Facts

The facts…

2Cases cited4 opinions

  1. United States v. Terrill Douglas HopkinsCourt of Appeals for the Ninth Circuit · 1983
  2. United States v. Myron KeeneCourt of Appeals for the Ninth Circuit · 1991
  3. United States v. Russell Leroy EatonCourt of Appeals for the Ninth Circuit · 1991
  4. United States v. John Wayne Bingham, AKA Robert BinghamCourt of Appeals for the Ninth Circuit · 1980

3Cited by29 opinions

  1. United States v. Susan P. RobinsonCourt of Appeals for the Seventh Circuit · 1994
  2. United States v. William Wise Murray, United States of America v. Misjaanda Diszelle JohnsonCourt of Appeals for the Fourth Circuit · 1995
  3. United States v. Juan FigueroaCourt of Appeals for the Third Circuit · 1997
  4. United States v. Andrew L. HunnCourt of Appeals for the Seventh Circuit · 1994
  5. United States v. Maurice Lynell SmithCourt of Appeals for the Eighth Circuit · 1992

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