United States v. Russell Leroy Eaton

This case involves Russell Leroy Eaton’s appeal of his sentence, imposed under the Federal Sentencing Guidelines, following his guilty pleas to three counts of bank robbery, in violation of 18 U.S.C. § 2113 (a). Eaton raises two challenges to the sentence imposed by the district court: that the court erred by (1) imposing a two-level increase to his offense level under Guidelines section 2B3.1(b)(2)(D) based on its finding that Eaton made “an express threat of death” during the commission of two of the robberies; and by (2) refusing to grant two-point reductions for acceptance of responsibility under Guidelines section 3E1.1 for each of his three counts of conviction. We review de novo Eaton’s challenges to the district court’s construction and interpretation of the Sentencing Guidelines, United States v. Carvajal, 905 F.2d 1292, 1294 (9th Cir.1990), and we affirm.

I. FACTS AND PROCEEDINGS

On May 11, 1990, Eaton was indicted for seven counts of bank robbery. On June 22, 1990, Eaton entered a plea of guilty to counts five, six, and seven of the indictment in exchange for the Government’s agreement to bring a motion to dismiss the remaining counts, and to recommend a two-level…