United States v. Reagan ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41407
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
RYAN CHRISTOPHER REAGAN
Defendant - Appellant
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:00-CR-9-ALL
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June 26, 2001
Before KING, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Ryan Christopher Reagan appeals his guilty plea conviction
for bank robbery in violation of 18 U.S.C. § 2113(a). Reagan
argues that the district court improperly assigned a two-level
sentence enhancement under U.S.S.G. § 2B3.1(b)(2)(F) for using a
threat of death during the course of the robbery and that the
district court’s imposition of a $1,500 fine was error.
Section 2B3.1(b)(2)(F) of the Sentencing Guidelines provides
that when a defendant uses a threat of death as part of a bank
robbery, a two-level enhancement applies. The threat of death
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-41407
-2-
may be an oral or written statement, an act, a gesture, or a
combination thereof. U.S.S.G. § 2B3.1, comment. (n.6). In
committing the robbery, Reagan passed a note to the bank teller
stating that, if she did not hand over all the money in the
drawer, “I do have a device that will hurt a great deal,” he had
his right hand in his pocket, and the Government introduced
testimony that the bank teller feared for her life. The district
court did not err in applying U.S.S.G. § 2B3.1(b)(2)(F).
The district court’s imposition of a fine $6,000 less than
that recommended in the PSR is not clearly erroneous and is
specifically authorized by U.S.S.G. § 5E1.2(e). See United
States v. O’Banion, 943 F.2d 1422, 1431-32 (5th Cir. 1991). The
judgment of the district court is AFFIRMED.