United States v. Dixon

Appellants, Terry D. Dixon (Dixon) and John A. Fletcher (Fletcher) appeal final judgments of conviction entered against them in a criminal case by the United States District Court for the Western District of Pennsylvania. They were convicted after a jury found them guilty of conspiracy to rob a federally insured bank in violation of 18 U.S.C.A. § 371 (West 1966) and bank robbery in violation of 18 U.S.C.A. § 2113(a) (West Supp. 1992) and 18 U.S.C.A. § 2 (West 1969). On appeal, they raise many issues. Only the sentencing issue Dixon raises requires Discussion. The other issues they raise lack merit and are summarily rejected. In seeking resentencing, Dixon asserts that the district court erred in enhancing his sentence for brandishing, possessing or displaying a dangerous weapon under the United States Sentencing Guidelines (Guidelines). We reject Dixons sentencing argument for the reasons that follow and hold that the district court properly increased his base offense level by three because his co-conspirator, Stephanie Fletcher, though she did not, in fact, possess any weapon, brandished what appeared to be a gun during the commission of the robbery.