United States v. Jeffrey Dean Ford

983 F.2d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jeffrey Dean FORD, Defendant-Appellant. No. 92-10159. United States Court of Appeals, Ninth Circuit. Submitted Dec. 9, 1992. * Decided Dec. 14, 1992. Before TANG, PREGERSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jeffrey Dean Ford appeals from his sentence, imposed following a guilty plea, for bank robbery in violation of 18 U.S.C. § 2113 (a). Ford 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 the robbery. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We review de novo the district court's construction and interpretation of the Guidelines. United States v. Eaton, 934 F.2d 1077, 1078 (9th Cir.1991). 4 The Guidelines provide that a defendant's base offense level for robbery shall be adjusted upward by two levels "if…