United States v. Michael Leon Pierce

990 F.2d 1264 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Leon PIERCE, Defendant-Appellant. No. 92-30240. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 17, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Michael Leon Pierce appeals his sentence under the Sentencing Guidelines following his guilty plea to bank robbery in violation of 18 U.S.C. § 2113 (a). We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 Pierce argues that the district court erred by increasing the offense level by two, pursuant to U.S.S.G. § 2B3.1(b)(2)(F), for making an "express threat of death." At the sentencing hearing, the victim, teller Paula Grimes, testified that Pierce handed her a note demanding money, and then told her "Do what it says or I'll kill you." Grimes had earlier told the FBI that Pierce stated "Give me all your…