United States v. Houston

MEMORANDUM **

Subsequent to our remand for resen-tencing in accordance with Fed.R.Crim.P. 32(c)(1), William Kelvin Houston appeals his 57-month sentence following a guilty plea to two counts of unarmed bank robbery, in violation of 18 U.S.C. § 2113 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Houston first contends that the district court, on remand for resentencing, did not comply with Fed.R.Crim.P. 32(c)(1) because it failed to resolve the dispute as to whether Houston made threats of death to the victim tellers. We review de novo the district court’s compliance with Fed. R.Crim.P. 32, United States v. Standard, 207 F.3d 1136, 1140 (9th Cir.2000). Our review of the record reveals that the district court stated that it had determined by a preponderance of the evidence that the statements were attributable to Houston, and that they were indeed intended as threats. The district court therefore properly complied with Rule 32(c)(1).

Houston next contends the district court erred by concluding that the hearsay statements of the victim bank tellers were insufficient to satisfy the government’s burden of proof by a preponderance of the evidence. We are not…