United States v. Jerry T. Rogers

993 F.2d 886 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jerry T. ROGERS, Defendant-Appellant. No. 92-10522. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1993. * Decided May 12, 1993. Before GOODWIN, TANG and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Jerry T. Rogers pleaded guilty to armed bank robbery, in violation of 18 U.S.C. § 2113 (a) and (d), and to using a firearm during and in relation to bank robbery, in violation of 18 U.S.C. § 924 (c). Rogers appeals from his bank robbery sentence. He argues that his sentence was improperly increased by two levels pursuant to U.S.S.G. § 2B3.1(3)(A) because there was no "bodily injury" as defined by the Sentencing Guidelines. We affirm. I. 3 We review de novo the district court's legal interpretation of the Sentencing Guidelines. United States v. Corbin, 972 F.2d 271, 272 (9th Cir.1992). We review for clear error the factual findings underlying…