U.S. v. Cook

Defendant pleaded guilty to one county of bank robbery. During the sentencing hearing, the parties disputed whether defendant had “brandished” an air pistol or had “otherwise used” it in the commission of the crime, which could trigger either a level-three or level-four enhancement under federal sentencing guidelines. The district court found that defendant had “otherwise used” the weapon and applied a four-level enhancement and defendant appealed. The Seventh Circuit affirmed, finding no error in the district court’s application of the enhancement or in the other factors that the district court took into account during sentencing. (SYKES and ST. EVE, concurring)