United States v. Michael Dewayne Winbush

OPINION

HOOD, District Judge.

Defendant appeals his sentence following the district court’s denial of his objection to the two-level enhancement for offense conduct amounting to a threat of death. For the reasons that follow, we AFFIRM.

STATEMENT OF FACTS

Defendant pleaded guilty to robbing two banks in violation of 18 U.S.C. § 2113(a). During each robbery, defendant presented a note to the teller which read “THIS IS A HOLD-UP I HAVE A GUN 100’s 50’s and 20’s.” Defendant did not exhibit a gun or make any oral statements during either bank robbery. Notwithstanding defendant’s objection, the…