United States v. Karen J. Boyd

Karen Boyd appeals her sentence under the United States Sentencing Guidelines following her guilty plea to four counts of bank robbery, in violation of 18 U.S.C. § 2113 (a). Boyd claims that the sentencing court incorrectly enhanced the offense level both by erroneously finding that a road flare constituted a dangerous weapon, and by improperly aggregating the losses sustained in the four bank robberies. We conclude that a road flare, as used, constitutes a dangerous weapon under the Guidelines and therefore affirm in part. However, because the district court aggregated the losses from the four robberies in computing the sentence, we remand for appropriate adjustment.

FACTS AND PROCEDURAL HISTORY

On April 18,1988, Karen Boyd walked up to the drive-up window of the Puyallup Valley Bank, in Puyallup, Washington, and handed the teller a note demanding money and warning that Boyd had a stick of dynamite. When the teller hesitated, Boyd exposed a book of matches and a road flare that appeared to be the dynamite. The teller then handed over $319.00 to Boyd, who left on foot. Soon thereafter, agents arrested Boyd who confessed to the Puyall-up Valley Bank robbery, and to five other…