Clipart of robbery happening.

United States v. Perez: Eleventh Circuit Distinguishes Threats of Death from Threats of Harm During Robberies

Gabe Tucker*

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In United States v. Perez, the Eleventh Circuit Court of Appeals held that Defendant-Appellant Roberto Arturo Perez’s conduct while robbing two banks did not constitute threats of death, vacating Perez’s sentence and remanding to the District Court for the Southern District of Florida for resentencing. This case had no bearing on Perez’s guilt, as he pled guilty to both charges. Following his guilty plea, Perez was assigned a combined adjusted offense level of twenty-three in his Pre-Sentence Investigation Report which included a two-level enhancement for making threats of death. Based on this offense level and criminal history category, Perez’s sentencing guideline range was forty-six to fifty-seven months in prison. Perez appealed, arguing that the district court erred in applying the two-level threat-of-death enhancement during his sentencing. On appeal, the court ultimately agreed with Perez that his conduct would not have generated a fear of death in a reasonable person; therefore, the appeals court remanded the case to the district court for resentencing.



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