United States v. Wm. Jonathan Brown

25 F. App'x 499

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 11, 2002
• Docket: 01-3235
• Status: Unpublished

Opinion

PER CURIAM.

William Jonathan Brown appeals the sentence imposed by the district court 1 after a jury convicted him of armed bank robbery and aiding and abetting, in violation of 18 U.S.C. §§ 2 and 2113(a), (d). He argues the court wrongly assessed a 2-level enhancement for being an organizer or a leader of a criminal activity. See U.S.S.G. § 3Bl.l(c). We affirm.

The district court did not commit clear error, given the trial testimony of Brown’s accomplice that Brown came up with the idea to rob a bank, selected the bank, recruited his codefendant to participate, instructed the codefendant what to do during the robbery, and devised alibis. See U.S.S.G. § 3B1.1, comment, (n.4) (listing factors court should consider); United States v. Peters, 59 F.3d 732, 735 (8th Cir.1995) (district court did not commit clear error in applying § 3B1.1 enhancement, as coconspirators testified defendant came up with plan, recruited them to participate, and continued to provide substantial direction during life of plan).

Accordingly, we affirm.

A true copy.

1 . The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas.