United States of America, Plaintiff-appellee, v. Michael L. Williams, Defendant-appellant, 51 F.3d 284 (9th Cir. 1995)

MEMORANDUM^** 

Michael L. Williams appeals his conviction and the 118-month sentence imposed following his plea of guilty to armed bank robbery and possession of a firearm during the commission of a crime of violence in violation of 18 U.S.C. §§ 2113(a), (d), and 924(c). Williams claims the district court erred by increasing his base offense level for restraining a victim pursuant to U.S.S.G. Sec. 2B3.1(b) (4) (B). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Williams contends the district court should not have enhanced his sentence because he did not "physically restrain" a teller within the meaning of U.S.S.G. Sec. 1B1.1. We disagree.

We review de novo a district court's interpretation of the Sentencing Guidelines. United States v. Foppe, 993 F.2d 1444, 1452 (9th Cir. 1993). The Application Notes to the Guidelines define "physically restrained" as "the forcible restraint of the victim such as by being tied, bound, or locked up." U.S.S.G. Sec. 1B1.1, comment. n. 1(i). We have upheld the application of this enhancement to a case in which the defendant "confronted an elderly female customer [who was seated] ..., grabbed her around the neck ... [,] shoved a hard object into her back, ... kicked the chair out from underneath her and dragged her by the neck toward a gate that led to the teller station." See id.

Here, shortly after entering the bank, Williams discovered a teller in an upstairs room telephoning for help. He pointed a gun at her head and said, "hang up that phone." He then grabbed the teller's hand and forced her down the stairs. When they reached the bottom, Williams jerked the teller's hand hard enough to throw her to the ground. In light of Foppe, we hold that this conduct constituted restraint within the meaning of the Guidelines. See id. Accordingly, we affirm.¹ 

AFFIRMED.