United States v. Jerry Lee France

Jerry Lee France appeals from his 96-month sentence, imposed following his guilty pleas, for two counts of bank robbery in violation of 18 U.S.C. § 2113 (a). France contends that the district court erred by increasing his offense level under the United States Sentencing Guidelines for making an “express threat of death” during one of the robberies. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

On October 26, 1993, France was indicted for four counts of bank robbery. Pursuant to a plea agreement, France pleaded guilty to two counts in exchange for the Government dismissing the two remaining counts. The plea agreement incorporated a statement of facts which stipulated that on September 8, 1993, France robbed a bank using a demand note which read, “Don’t press any buttons, don’t tell anyone, just give me the money.” The plea agreement further stipulated that on September 25, 1993, France robbed another bank using a demand note stating, “Give me all the 100s and 50s in your drawer. I have dynamite.”

At France’s sentencing hearing, the district court ruled that France’s statement, “I have dynamite,” in the September 25 demand note was an express threat of death and…