United States v. Kory Allyn Thomle

988 F.2d 126 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kory Allyn THOMLE, Defendant-Appellant. No. 92-30317. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1993. * Decided March 1, 1993. Appeal from the United States District Court for the District of Oregon, No. CR-92-7-01-HJF; Helen J. Frye, District Judge, Presiding. D.Or. AFFIRMED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Kory Allyn Thomle appeals from his 70-month sentence, imposed following his guilty pleas, for two counts of bank robbery in violation of 18 U.S.C. § 2113 (a). Thomle contends that the district court erred by increasing 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 affirm. 3 We review de novo the district court's construction and application of the…