Sampson

MEMORANDUM **

Maurice Sampson was convicted on three counts of bank robbery, 18 U.S.C. § 2113 (a), (d), three counts of carrying or using a firearm during and in relation to the robberies, 18 U.S.C. § 924 (c), and one count of being a felon in possession of a firearm, 18 U.S.C. § 922 (g)(1). At sentencing, the district court imposed a 3-level official victim enhancement for assaulting a police officer while in flight from the robbery. U.S. Sentencing Guidelines Manual § 3A1.2(b). Sampson appeals the conviction on the count of carrying or using a firearm during the robbery of one of the banks, California Federal Bank; he contends that there was insufficient evidence. He also appeals the official victim sentencing enhancement. We affirm the conviction but, because we find that there was no assault, we overturn the official victim enhancement and remand for resentencing.

Sufficiency of the Evidence

There was sufficient evidence for a jury to find that Sampson carried a gun during the robbery. 1 Sampson confessed to carrying the gun during the robbery of California Federal Bank. He also made a statement to police that could be interpreted by a reasonable trier of fact to mean that…