United States v. Louis Charles Pinkney
Opinion
Opinion
Fletcher, J.
A jury found appellant Louis Pinkney guilty of various counts relating to the armed robbery of welfare checks from a postal worker. He appeals his conviction on one of these counts: conspiracy to rob a mail custodian, 18 U.S.C. § 371 . He also appeals his sentence, challenging both the three-level enhancement for use of a firearm during the robbery, U.S.S.G. § 2B3.1(b)(2)(C), and the denial of a two-level decrease for being a “minor participant” in the offense, U.S.S.G. § 3B 1.2(b).
We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 8742 . We affirm appellant’s conspiracy conviction, and the district court’s finding that Pinkney was not a minor participant. We reverse the enhancement for use of a firearm, and remand for resentencing.
FACTS
On May 15,1990, United States mail carrier Colleen Day was approached by a man who asked for the time and then drew a gun, motioning her out of her vehicle. When she complied, the man got in the truck and drove away. The truck was recovered about 30 minutes later; most of the first class mail was missing. A telephone lineman reported seeing a gold Pontiac speeding out of the alley where the mail truck was found.