UNITED STATES v. NELSON (2018)

Tommy Nelson, Jr., appeals the 105-month sentence imposed after he pleaded guilty to bank robbery. He argues that the district court erred in imposing a seven-level enhancement, pursuant to U.S.S.G. § 2B3.1(b)(2)(A), for the discharge of a firearm during the commission of the robbery. Specifically, Nelson asserts that the enhancement does not apply because he did not willfully induce the discharge of the firearm.

As he concedes, Nelson’s argument is foreclosed by United States v. Roberts, 203 F.3d 867, 870-71 (5th Cir. 2000), in which this court held, on similar facts, that a § 2B3.1(b)(2)(A) enhancement was proper where the defendant aided in trying to wrest control of a firearm away from a deputy. This court concluded that the defendant’s actions induced the deputy to discharge the weapon. Roberts, 203 F.3d at 870. Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.