United States v. James Capaldi

68 F.3d 481 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James CAPALDI, Defendant-Appellant. No. 94-10201. United States Court of Appeals, Ninth Circuit. Submitted Oct. 11, 1995. * Decided Oct. 20, 1995. Before: BEEZER, THOMPSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 James Capaldi appeals his sentence imposed following entry of a guilty plea to bank robbery, in violation of 18 U.S.C. Sec. 2113 (a). Capaldi contends the district court erred by imposing a two-level enhancement to his offense level under U.S.S.G. Sec. 2B3.1(b)(2)(F) for making an express threat of death during the robbery. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and affirm. 3 We deem Capaldi's argument regarding the enhancement for an "express threat of death" waived because he withdrew his objections to the presentence report at the sentencing hearing. See United States v. Manarite, 44 F.3d 1407 , 1419 n.18 (9th Cir.)…