Snouffer

United States v. Snouffer

Good Law
14 F. App'x 905
United States Court of Appeals for the Ninth CircuitJuly 20, 2001No. 00-30081; D.C. No. CR-99-00071-BLWCalifornia381 words

Opinion

Lead Opinion

MEMORANDUM **

Thomas Foster Snouffer appeals his one hundred twenty-one month sentence imposed following his guilty plea conviction for two counts of bank robbery in violation of 18 U.S.C. § 2113 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We review de novo the interpretation and application of the Sentencing Guidelines, and review for clear error the district court’s factual findings. United States v. Shaw, 91 F.3d 86, 88 (9th Cir.1996). We affirm.

Snouffer contends that the district court erred in applying a sentence enhancement under U.S.S.G. § 2B3.1(b)(4)(B) for physical restraint in the second robbery. His argument is that he used no more restraint than is inherent in any robbery. Snouffer’s contention is without merit. When a firearm is used to force a victim to move about, that victim has been physically restrained. United States v. Thompson, 109 F.3d 639, 641 (9th Cir.1997). Snouffer’s brandishing of a firearm and his requiring the victim and *907 her children to move about the house constituted physical restraint. See United States v. Nelson, 187 F.8d 1094, 1112 (9th Cir.1998).

Snouffer next contends that it was erroneous for the…

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