96 Cal. Daily Op. Serv. 8387, 96 Daily Journal D.A.R. 13,956 United States of America v. Alan Keith Hunter, United States of America v. Bart Reed

OVERVIEW

We consider in this ease whether the ten-year sentence enhancement for committing a violent crime with a semiautomatic weapon applies when the weapon is unloaded and inoperable. We find it does and affirm the district court.

FACTS

Defendants Alan Keith Hunter and . Bart Reed robbed a credit union on February 15, 1995. Hunter was armed with a .380 .caliber, SWD M-12 semiautomatic pistol. Reed was armed with a loaded and operable nine millimeter “Taurus” semiautomatic pistol. After they entered the credit union, Reed went directly to the account services area and pointed his nine millimeter' Taurus at employee David Gaunt. Hunter proceeded to the teller window, demanded to see the manager, and jumped over the counter. Hunter and Reed then led the employees to the rear of the credit union where, at gunpoint, they ordered the employees to lie on the floor. Hunter went to manager Barbara Raush’s office, pointed his M-12 at her, and ordered her to take him to the vault. Reed and Hunter took $114,540 and fled the credit union. An off-duty deputy sheriff fired several shots at the defendants as they drove away. Hunter and Reed were arrested after pursuit by the police. Upon…