U.S. v. Gamble

Dist. Ct. did not err in sentencing defendant to 151-month term of incarceration on armed bank robbery charge, where said sentence was based, in part, on Dist. Ct.’s finding that defendant had used real gun during bank robbery. While defendant asserted that record lacked sufficient evidence to support Dist. Ct.’s finding that she had used real gun during robbery, record contained sufficient evidence to support Dist. Ct.’s finding, where expert testified that still photographs taken during robbery indicated that defendant had actual pistol, and that clicking noise from firearm described by bank employee was consistent with noise produced by said pistol. Moreover, Dist. Ct. could properly find that defendant was not credible in her testimony that she purchased fake gun from Walmart. Also, Dist. Ct. could base instant sentence on defendant’s false statement that she used fake gun during robbery, and that Dist. Ct.’s reliance on defendant’s false statement did not violate any 5th Amendment rights, where defendant actually broke her silence by uttering false statement, and where said privilege to remain silent is not tantamount to privilege to lie without consequences.