Barrientos
United States v. Barrientos
Opinion
Lead Opinion
MEMORANDUM **
Juan Martin Barrientos appeals the district court’s application of U.S.S.G. § 2B3.1(b)(2)(F) which increased the level of his sentence for robbery. Section 2B3.1(b)(2)(F) provides for a two level enhancement in robbery sentences where an offender is found to have made a threat of death during the offense.
The district court held that slipping a bank teller a note which read “Give me all your money. I have a gun” was a threat of death. A threat of death exists where a reasonable person would perceive the threat of death. See U.S.S.G. § 2B3.1, cmt. n. 6 (“the intent of this provision is to provide an increased offense level for cases in which the offender(s) engaged in conduct that would instill in a reasonable person, who is a victim of the offense, a fear of death”); see also United States v. France, 57 F.3d 865, 868 (9th Cir.1995) (upholding enhancement where a note stated “Give me all the 100s and 50s in your drawer. I have dynamite” under a prior similar version of section 2B3.1(b)(2)(F)). The district court’s finding that Barrientos’ note would reasonably instill in a victim a fear of death was not clearly erroneous.