UNITED STATES of America, Plaintiff-Appellee, v. Dashon Glen FULLER, Defendant-Appellant

Dashon Glen Fuller appeals his sentence imposed under the Sentencing Guidelines following his guilty plea to armed robbery of a United States Post Office in violation of 18 U.S.C. § 2114 . We have jurisdiction oyer this timely appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3732 . We affirm the sentence.

I. BACKGROUND

On September 21, 1994, Mr. Fuller and two others robbed a United States Post Office. All three were seen with guns. When one of the robbers shouted, “This is a robbery,” two of the tellers turned to run, but both fell in their attempts to flee. Mr. Fuller grabbed one of the tellers by the collar, put a gun to the back of her head, pulled her to a standing position and ordered her not to move.

The issue in this case is whether the district court erred in applying a six-level enhancement for “otherwise using” a firearm in the commission of a robbery, rather than the five-level enhancement for “brandishing” a firearm, where the defendant placed a gun to a teller’s head and threatened her. We affirm the sentence. Placing a firearm to a teller’s head and threatening that teller in the course of a robbery is “otherwise using” a firearm within the meaning of section…