Opinion
No. 07-2869.
Submitted: May 8, 2008.
Filed: May 16, 2008.
Appeal from the United States District Court for the Western District of Arkansas.
William M. Cromwell, Assistant U.S. Attorney, U.S. Attorney's Office, Fort Smith, AR, for Appellee.
Daniel D. Becker, Hot Springs, AR, for Appellant.
Shawn Sarver, Beaumont, TX, pro se.
Before BYE, SMITH, and BENTON, Circuit Judges.
[UNPUBLISHED]
Shawn Sarver challenges the sentence the district court imposed after he pleaded guilty to bank robbery, in violation of 18 U.S.C. § 2113(a). On appeal, he argues that the district court erred in applying a 2-level increase for making a threat of death. See U.S.S.G. § 2B3.1(b)(2)(F).
The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas.
Upon careful review, we conclude that the district court correctly applied section 2B3.1(b)(2)(F), because Sarver's conduct would make a reasonable bank teller fear death. See U.S.S.G. § 2B3.1, comment. (n. 6) (intent of provision is to provide increased offense level for cases in which offender engaged in conduct that would instill a fear of death in a reasonable victim); United States v. Jennette, 295 F.3d 290, 292 (2d Cir. 2002) (concluding that reasonable teller, when faced with bank robber who demands money and states that he has gun, normally and reasonably would fear for his or her life); United, States v. Carbaugh, 141 F.3d 791, 794 (7th Cir. 1998) (holding that statement "I have a gun" can constitute threat of death under Guidelines; threat of death need not include statement of readiness or willingness to use gun; reasonable teller would ordinarily experience fear of being shot when robber confronting her announces he has gun). See generally United States v. Ingram, 501 F.3d 963, 968 (8th Cir. 2007) (standard of review), petition for cert. filed, (U.S. Dec. 5, 2007) (No. 07-8093).
Accordingly, the judgment is affirmed.