United States v. Wooten, No. 11-5348 (6th Cir. 2012)
Annotate this CaseWooten approached a bank teller, placed his hands on the counter, and twice quietly stated, “I am going to rob you.” When the teller was slow to respond, Wooten finally said, “I have a gun. Give me your money.” The teller handed over $4,130 in cash. The teller later testified that he never felt threatened by Wooten. Wooten told investigators that he actually wanted to be caught and that he committed the robbery because “he was just tired of living in his car and he was running out of money;” he had attempted a similar bank robbery shortly before the one at issue, but left empty handed after the teller at the other bank laughed at him. Wooten pleaded guilty to one count of bank robbery under 18 U.S.C. 2113(a). Based on his declaration that he had a gun, the district court imposed a two-level sentencing enhancement pursuant to U.S.S.G. 2B3.1(b)(2)(F) for making a threat of death. Wooten argued that his conduct and demeanor were so nonthreatening as to eliminate the possibility that any reasonable teller under the circumstances would have believed his or her life to be in danger. The Sixth Circuit vacated, based on the specific circumstances.
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