Kunhart

MEMORANDUM **

Robert Bruce Kunhart appeals his 57-month sentence following a guilty plea conviction for bank robbery, in violation of 18 U.S.C. § 2113 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Kunhart contends that the district court erred by enhancing his offense level pursuant to U.S.S.G. § 2B3.1(b)(2)(F), for making a threat of death during a bank robbery. We review de novo the district court’s application of the guidelines and the factual findings underlying its decision for clear error. See United States v. France, 57 F.3d 865, 866 (9th Cir.1995).

Kunhart argues that the note he handed to the bank teller, which read in part: “Dead people don’t speak,” was not a *672 threat of death, but rather referred to his own suicidal thoughts. We disagree.

Based upon our review of the record, we conclude that the district court’s finding that Kunhart’s note constituted a threat of death pursuant to section 2B3.1(b)(2)(F) was not clearly erroneous, because the victim teller could have reasonably interpreted the note as constituting a threat of death if she failed to comply with Kunhart’s demands. See U.S.S.G. § 2B3.1, cmt. n. 6 (“[T]he intent of this…