United States v. Glenn Randal Foppe

Foppe appeals from his conviction for committing an unarmed bank robbery in violation of 18 U.S.C. § 2113 (a) and his sentence under the United States Sentencing Guidelines (Guidelines). The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

I

On April 2,1991, a man ran into a Western Federal Savings Bank (bank) in downtown Los Angeles. He confronted Ardath Simons, an elderly female customer who was seated at the customer service desk, and grabbed her around the neck. He shoved a hard object that felt like a gun into her back, and demanded money.

The robber demanded Simons stand up, and when she responded that she could not, he kicked the chair out from underneath her and dragged her by the neck toward a gate that led to the teller station. The robber kicked the gate open, let go of Simons, and grabbed Julia Amaya, a customer service representative who had been helping Simons when the man entered the bank. At this point, Simons realized that the hard object that had been pressed into her back was only a hairbrush. She grabbed the hairbrush, yelled, “It’s not a…