United States Eleventh Circuit

Guilty plea to three counts of taking money by force or intimidation from a financial institution insured by the Federal Deposit Insurance Corporation and sentence based on enhanced offense level for a "threat of death", is affirmed where the U.S.S.G. section 2B3.1(b)(2)(F) enhancement issue did not matter, as the court would have imposed the same sentence, using its 28 U.S.C. section 3553(a) authority. Even if there was any misapplication of the section 2B3.1(b)(2)(F) enhancement, the error did not affect the district court's selection of the sentence imposed.

Appellate Information

• Decided 11/30/2006
• Published 11/30/2006

Judges

• CARNES, Circuit Judge:, Before ANDERSON, BIRCH and CARNES, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Arthur Madden, III (Court-Appointed), Madden & Soto, Mobile, AL, for Keene., David Andrew Sigler, Mobile, AL, for U.S.