United States v. Robert Dale Johnson
Opinion
Opinion
On June 10, 1993, Robert Dale Johnson robbed the Division Branch of Washington Mutual Bank in Portland, Oregon. Police arrested him a few hours after the robbery. Upon Johnson’s arrest, police discovered an unloaded firearm concealed in his pants. Johnson admitted he carried the weapon in his pants during the robbery, but he never showed it to anyone inside the bank, nor did he inform the bank teller he had a gun.
Johnson pleaded guilty to bank robbery, in violation of 18 U.S.C. § 2113 (a). He received a 51-month prison sentence, including a 5-level enhancement under the United States Sentencing Guidelines for possession of a deadly weapon.
Johnson appeals the sentence enhancement. He argues the 5-level enhancement for possession of a weapon pursuant to U.S.S.G. § 2B3.1(b)(2)(C) was inappropriate because the gun was concealed during the robbery and no victim was aware of its presence. Rather, he asserts a 2-level enhancement for express threat of death pursuant to U.S.S.G. § 2B3.1(b)(2)(F) is appropriate. We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we affirm.