United States v. Charles Thomas Miller

972 F.2d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Charles Thomas MILLER, Defendant-Appellant. No. 91-10602. United States Court of Appeals, Ninth Circuit. Submitted Aug. 20, 1992. * Decided Aug. 26, 1992. 1 Before KOZINSKI and DAVID R. THOMPSON, Circuit Judges, and VON DER HEYDT, ** Senior District Judge. 2 MEMORANDUM *** 3 Defendant Charles Thomas Miller pled guilty to one count of Bank Robbery in violation of 18 U.S.C. §§ 2113 (a) and (d). In sentencing, the district court applied U.S.S.G. § 2B3.1(b)(2)(D) (1990), which provides for a two-level increase in the base offense level when "an express threat of death" is made. 4 On appeal Miller challenges this increase in his offense level, arguing that the note he handed the bank teller during the robbery was not an express threat of death under § 2B3.1(b)(2)(D). The note read: 5 Bomb in bag. Put $45,000 in pillowcase. Do not call cops for 20…