United States v. Wilson

Wilson pled guilty to three counts of unarmed bank robbery or attempted bank robbery, 18 U.S.C. 2113(a). The district court imposed enhancements for being a career offender, U.S.S.G. 4B1.2, and for making a death threat, U.S.S.G. 2B3.1(b)(2)(F). In one of two completed robberies, Wilson had passed the bank teller a note, stating “this is a hold up, empty your drawers now, or else.” The presentence report suggested that section 2113(a) be treated as a “crime of violence” under the guidelines, and, because Wilson had two prior convictions under that same statute, that he be classified as a “career offender.” The threat-of-death enhancement did not increase the total offense level beyond that mandated by the career-offender enhancement. Wilson did not object to the threat-of-death enhancement, but did object to being treated as a “career offender.” The district court overruled that objection and sentenced him to 151 months in prison, at the bottom of the guidelines range calculated in the PSR. The Third Circuit affirmed, joining other Circuits in holding that bank robbery by intimidation counts as a crime of violence. View "United States v. Wilson" on Justia Law