Criminal-Sentencing Guidelines – Enhancement

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7^th Circuit Court of Appeals

Case Name: United States of America v. Brian Cook

Case No.: 23-1016

Officials: Sykes, Chief Judge, and St. Eve and Lee, Circuit Judges.

Focus: Criminal-Sentencing Guidelines – Enhancement

Brian Cook entered a bank in Roseville, Illinois, wearing a disguise and carrying what appeared to be a gun, which was later identified as an air pistol. He threatened two tellers, directing one to collect money from the vault while instructing the other to stay put. Cook escaped with a bag of cash but was quickly caught by law enforcement, who recovered the stolen money and the air pistol from his vehicle. Cook pleaded guilty to bank robbery under 18 U.S.C. § 2113(a).

The Central District of Illinois sentenced Cook to 144 months in prison and three years of supervised release. The court applied a four-level enhancement under § 2B3.1(b)(2)(D) of the United States Sentencing Guidelines, finding that Cook had “otherwise used” the gun during the robbery. Cook argued that he had only “brandished” the gun, which would justify a lesser, three-level enhancement under § 2B3.1(b)(2)(E). Additionally, the district court took into account Cook’s extensive criminal history and his deliberate choice of a small-town bank in its sentencing decision.

The Seventh Circuit r found no procedural errors in applying the four-level enhancement, agreeing that Cook’s actions constituted “otherwise using” the gun. The court also supported the above-Guidelines sentence, noting that the district court had thoroughly explained its decision, including considerations of Cook’s extensive criminal history and the need for deterrence and public protection.

Affirmed.

Decided 07/17/24

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