United States v. James Wooten
Court of Appeals for the Sixth Circuit
1Opinion of the CourtMoore, J., joined by Donald, J.,
SUTTON, J. (pp. 579-84), delivered a separate dissenting opinion.
OPINION
KAREN NELSON MOORE, Circuit Judge.
On September 23, 2010, Defendant-Appellant James Wooten robbed the Green Bank in Gordonsville, Tennessee. During the robbery, Wooten casually approached a teller, placed his hands on the counter, and twice quietly stated, “I am going to rob you.” R. 41 (Sentencing Hr’g Tr. at 5). At first, Wooten’s demeanor left the teller with doubts as to the sincerity of Wooten’s demand. When the teller was slow to respond, Wooten finally said, “I have a gun. Give me your money,” at which point, the…
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