United States v. Jaime Reyes Torres

968 F.2d 1222 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jaime Reyes TORRES, Defendant-Appellant. No. 91-50735. United States Court of Appeals, Ninth Circuit. Submitted July 8, 1992. * Decided July 13, 1992. Before POOLE, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Jaime Reyes Torres appeals from his sentence, following a guilty plea, for five counts of bank robbery in violation of 18 U.S.C. § 2113 (a). Torres contends that the district court erred by adjusting his offense level under the United States Sentencing Guidelines for making an express threat of death during one of the robberies. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We review de novo the district court's construction and application of the Sentencing Guidelines. United States v. Eaton, 934 F.2d 1077, 1078 (9th Cir.1991). 4 The relevant facts are not in dispute. During the robbery described in Count 10 of the…