Professional Documents
Culture Documents
No. 12-4958
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:12-cr-00213-CCE-1)
Submitted:
Decided:
November 1, 2013
PER CURIAM:
Gordon
sentence
Miller
imposed
Goodwin
after
he
pled
appeals
guilty,
the
forty-seven
pursuant
to
month
plea
court
to
erred
U.S.
in
Sentencing
two-level
Guidelines
enhancement
Manual
(USSG)
We
affirm.
In effecting the robbery, Goodwin produced a note that
stated, among other things, that he possessed a gun.
As the
teller was reading the note and collecting the money, Goodwin
made movements with his hands near his waist.
The district
court found that the statement that Goodwin had a gun was a
threat
hands.
of
death
Goodwin
that
was
argues
bolstered
that
the
by
the
movements
district
court
of
erred
his
in
Miscalculation of the
court
reviews
de
novo
2
the
Gall v.
district
Id. at 51.
courts
legal
United States v.
The district courts
United States v.
No dye packs.
I have a
The
Id. at 338.
also
noted
2B3.1(b)(2)(F)
in
that
the
1997
by
Sentencing
deleting
the
Commission
requirement
amended
of
an
Id. at 338-39.
Goodwin
argues,
however,
3
that
his
note
merely
include
critical
additional
language
that
evinced
Goodwins
arguments
are
unavailing.
Courts
in
finding
that
Goodwins
note
the
requirements
for
his
hand
gestures
as
supporting
the
enhancement
several movements with his hands in the area of his waist, but
merely
disagrees
with
the
district
courts
interpretation
of
argues
that
the
video
presents
mitigating
circumstances
such
that the statement I have a gun in the note did not constitute
a threat of death.
Cir. 2012).
with
contentions
are
oral
we
affirm
argument
adequately
Goodwins
because
presented
in
the
the
sentence.
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED