United States v. Michael Moore

983 F.2d 1079 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael MOORE, Defendant-Appellant. No. 92-50428. United States Court of Appeals, Ninth Circuit. Submitted Dec. 21, 1992. * Decided Dec. 29, 1992. Before TANG, NOONAN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Michael Moore appeals his sentence under the United States Sentencing Guidelines imposed following his guilty plea to bank robbery, in violation of 18 U.S.C. § 2113 (a). Moore contends that the district court erred by adjusting his offense level upward pursuant to U.S.S.G. § 2B3.1(b)(2)(F) on the ground that he made an "express threat of death" during two robberies. We have jurisdiction under 21 U.S.C. § 1291 and we affirm. 3 We review de novo a district court's interpretation of the Sentencing Guidelines. United States v. Strandberg, 952 F.2d 1149, 1151 (9th Cir.1991); United States v. Eaton, 934 F.2d 1077, 1079 (9th Cir.1991). We…