U.S. v. Foster

Dist. Ct. erred in sentencing defendant to 181-month term of incarceration on bank robbery and unlawful use of firearm charges, where said sentence was based, in part, on imposition of death-threat enhancement under section 2B3.1(b)(2)(F) of USSG. Application Note 4 to section 2K2.4 of USSG prohibited imposition of death-threat enhancement where, as here, defendant also received sentence for committing firearms offense under 18 USC section 924(c), and where sentence under section 924(c) already accounted for instant bomb threat uttered by co-conspirator during bank robbery.