McOwens

MEMORANDUM **

Jeffrey Scott McOwens appeals his seven-eight month sentence following his guilty plea to armed bank robbery in violation of 18 U.S.C. § 2113 (a) & (d). McOwens argues that the district court erred by increasing his sentence based on a “bodily injury” allegedly suffered by a bank teller during the commission of the robbery. We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we vacate and remand for resentencing.

DISCUSSION

The Guidelines provide for a two-level increase in a defendant’s offense level if any victim sustained “bodily injury” during the commission of the robbery. U.S.S.G. § 2B3.1(b)(3)(A). Bodily injury is defined as “any significant injury, e.g., any injury that is painful and obvious, or is of a type for which medical attention ordinarily would be sought.” U.S.S.G. § 1B1.1, cmt. (n.l(b)). In United States v. Greene, 964 F.2d 911 (9th Cir.1992), we affirmed a two-level enhancement for bodily injury where a victim bank teller was slapped in the face. We focused upon the nature and extent of the teller’s injury rather than the conduct of the defendant. Id. at 912 . We concluded that the teller suffered bodily injury because she indicated she…