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United States v. Leon A. Thomas

Court of Appeals for the Third Circuit
2003 U.S. App. LEXIS 8292, 327 F.3d 253, 2003 WL 1995609 (2003)
ELI5:

Rule of Law:

An implicit threat made during a robbery constitutes a 'threat of death' for the purposes of a sentencing enhancement if the offender's conduct, viewed in its context, would instill a fear of death in a reasonable person in the victim's position.


Facts:

  • Leon Thomas committed a bank robbery.
  • During the robbery, Thomas handed a bank teller a note.
  • The note demanded money, specifying '$100s, $50s and $20s'.
  • The note included the statement: 'a dye pack will bring me back for your ass'.
  • The note concluded with the instruction, 'do it quick now.'

Procedural Posture:

  • Leon Thomas pleaded guilty to two counts of bank robbery in the United States District Court.
  • At sentencing, the District Court applied a two-level enhancement under U.S.S.G. § 2B3.1(b)(2)(f), finding Thomas's note constituted a 'threat of death.'
  • The District Court calculated an initial offense level of twenty-three, but then granted the government's motion for a downward departure for substantial assistance, sentencing Thomas to forty months' incarceration.
  • Thomas, the appellant, appealed the application of the sentencing enhancement to the United States Court of Appeals for the Third Circuit.

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Issue:

Does a robber's note stating 'a dye pack will bring me back for your ass' constitute an implicit 'threat of death' justifying a two-level sentencing enhancement under United States Sentencing Guideline section 2B3.1(b)(2)(f)?


Opinions:

Majority - Scirica, Circuit Judge

Yes. A robber's note stating 'a dye pack will bring me back for your ass' constitutes an implicit 'threat of death' for sentencing enhancement purposes. The court's analysis focuses on the reasonable response of the victim, not the offender's subjective intent. The controlling standard is whether the conduct would 'instill in a reasonable person, who is a victim of the offense, a fear of death.' The court noted that a 1997 amendment to the Sentencing Guidelines removed the requirement that a threat be 'express,' thereby broadening the guideline's scope. Given the inherently intimidating context of a bank robbery, a reasonable teller receiving such a note could believe their life was at risk. Therefore, the court gave due deference to the District Court's fact-specific application of the guidelines and affirmed its finding.



Analysis:

This decision clarifies that the 'threat of death' sentencing enhancement under U.S.S.G. § 2B3.1(b)(2)(f) does not require explicit words like 'kill' or the presence of a weapon. It solidifies the objective 'reasonable victim' standard and emphasizes the critical role of context in interpreting the severity of a threat. By affirming the enhancement for an ambiguous but menacing phrase, the ruling gives district courts significant deference in these fact-intensive inquiries and broadens the enhancement's applicability to more colloquial or implicit threats made during inherently violent crimes like robbery.

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