United States of America v. Wayne Renard Thomas

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-4632
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WAYNE RENARD THOMAS,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Durham. William L. Osteen, District
Judge. (CR-99-86-1)
Submitted: January 31, 2000 Decided: March 10, 2000
Before MOTZ and KING, Circuit Judges, and BUTZNER, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
Louis C. Allen III, Federal Public Defender, Greensboro, North
Carolina, for Appellant. Walter C. Holton, Jr., United States
Attorney, Michael F. Joseph, Assistant United States Attorney,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

2
PER CURIAM:
Wayne Renard Thomas appeals from an eighty-five month sentence
imposed following his guilty plea for bank robbery, 18 U.S.C.
§ 2113(a) (1994). He claims that the district court erred when it
enhanced his sentence pursuant to U.S. Sentencing Guidelines Manual
§ 2B3.1(b)(2)(F) (1998) for making a threat of death during the
bank robbery. We have reviewed de novo the district court’s inter-
pretation of Thomas’s conduct and find that the court did not err
in determining that he engaged in conduct that would instill a fear
of death in a reasonable person. See United States v. Franks, 183
F.3d 335, 337-39 (4th Cir. 1999). Accordingly, we affirm Thomas’s
conviction and sentence. We dispense with oral argument because
the facts and legal contentions are adequately presented in the ma-
terials before the court and argument would not aid the decisional
process.
AFFIRMED

-- 2 of 2 --