United States v. Dexter Allen Franks

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge WIDENER and Judge NIEMEYER joined.

OPINION

KING, Circuit Judge:

Dexter Franks pleaded guilty to one count of bank robbery under 18 U.S.C. § 2113(a). At sentencing, the district court enhanced Franks’s base offense level by two points because the court concluded that, during the course of the robbery, Franks had made a “threat of death” within the meaning of § 2B3.1(b)(2)(F) of the United States Sentencing Guidelines (U.S.S.G.). Franks now appeals his sentence, arguing that the district court erred in determining that…