United States v. Randy Gordon Haines

24 F.3d 250 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Randy Gordon HAINES, Defendant-Appellant. No. 93-10568. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 28, 1994. Before: POOLE, BEEZER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Randy Gordon Haines appeals the 65-month sentence imposed following his guilty plea to bank robbery in violation of 18 U.S.C. Sec. 2113 (a). Haines claims the district court did not find the requisite fact to warrant increasing his base offense level pursuant to U.S.S.G. Sec. 2B3.1(b)(2)(F), which authorizes such an adjustment where, in the course of a bank robbery, an express threat of death is made. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review de novo the district court's construction and interpretation of the Guidelines. United States v. Eaton, 934 F.2d 1077, 1078 (9th Cir.1991). "In resolving objections to…