United States v. Christopher Michael Pike

The government appeals the fifty-month sentence imposed by the district court following Christopher Pike’s plea of guilty to bank robbery under 18 U.S.C. § 2113 (a). It argues that the district judge applied an incorrect standard of proof in considering whether to impose a five-level enhancement for possession of a firearm and that, under the correct standard, the enhancement was warranted. It further contends that the district court, having decided not to impose the five-level enhancement, clearly erred in declining to impose a two-level enhancement for making a threat of death. With respect to the five-level enhancement, we agree that the district court applied an incorrect standard of proof. We remand so that it may apply the correct standard and determine, under that standard, whether Pike possessed a firearm during the robbery. We note, however, that we remand only because the district court erred in its method of calculating what the appropriate advisory Guidelines range would be. , We do not intimate that it should impose a sentence within whatever advisory range it properly calculates on remand. With respect to the two-level enhancement, we remand for reconsideration, if…