United States v. Jeffrey Scott Taylor

Jeffrey Scott Taylor pleaded guilty to bank robbery. He appeals the district court’s enhancement of his sentence for brandishing, possessing, or displaying a dangerous weapon. Sentencing Guidelines § 2B3.2(b)(2)(C).

Taylor robbed the Home Federal Bank in La Canada, California on September 29, 1990. Taylor approached the bank teller and handed her a note reading, in relevant part: “This is a hold up. I have a gun in the waistband of my pants.” Taylor then pulled up his shirt to reveal a t-shirt. Underneath the t-shirt, in the waistband of Taylor’s pants, was what appeared to be a gun. Taylor pulled the t-shirt tightly so that the teller saw the clear outline of a gun handle. Taylor, in fact, never denies that there was a gun in his waistband.

On the basis of this evidence, the district court added a three-point enhancement in calculating Taylor’s sentence under the Sentencing Guidelines. We affirm.

DISCUSSION

Sentencing Guidelines § 2B3.2(b)(2)(C) instructs district courts to increase a defendant’s base offense level by three “if a dangerous weapon (including a firearm) was brandished, displayed, or possessed” by the defendant in the course of a robbery. Section 2B3.2(b)(2)(C),…