United States v. Timothy Joseph Keegan

61 F.3d 913 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Timothy Joseph KEEGAN, Defendant-Appellant. No. 94-10198. United States Court of Appeals, Ninth Circuit. Submitted Dec. 1, 1994. * Decided July 26, 1995. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Timothy Keegan timely appeals the district court's enhancement of his sentence for attempted bank robbery. After conducting an evidentiary hearing, the district court increased Keegan's sentence on the ground that Keegan made an "express threat of death" during the attempted robbery within the meaning of section 2B3.1(b)(2)(F) of the United States Sentencing Guidelines. 3 On November 9, 1993, Keegan entered a Bank of America branch in Sacramento, California, walked over to the loan officer's desk, sat down, and handed the loan officer a hand-written note which stated: "There is six pounds of C-4 explosives in my bag--take me to the cash…