AMENDMENT 110
Section 2B3.1(a) is amended by deleting "18" and inserting in lieu thereof "20".
Section 2B3.1(b) is amended by deleting subdivisions (1) and (2) as follows
"(1) If the loss exceeded $2,500, increase the offense level as follows| Loss (Apply the Greatest) | Increase in Level |
| (A) $2,500 or less | no increase |
| (B) $2,501 - $10,000 | add 1 |
| (C) $10,001 - $50,000 | add 2 |
| (D) $50,001 - $250,000 | add 3 |
| (E) $250,001 - $1,000,000 | add 4 |
| (F) $1,000,001 - $5,000,000 | add 5 |
| (G) more than $5,000,000 | add 6 |
Treat the loss for a financial institution or post office as at least $5,000.
(2) (A) If a firearm was discharged increase by 5 levels; (B) if a firearm or a dangerous weapon was otherwise used, increase by 4 levels; (C) if a firearm or other dangerous weapon was brandished, displayed or possessed, increase by 3 levels.",
and inserting in lieu thereof:
"(1) If the offense involved robbery or attempted robbery of the property of a financial institution or post office, increase by 2 levels.(2) (A) If a firearm was discharged, increase by 5 levels; (B) if a dangerous weapon (including a firearm) was otherwise used, increase by 4 levels; (C) if a dangerous weapon (including a firearm) was brandished, displayed, or possessed, increase by 3 levels; or (D) if an express threat of death was made, increase by 2 levels.",
and by inserting the following additional subdivision:
"(6) If the loss exceeded $10,000, increase the offense level as follows
| "Loss (Apply the Greatest) | Increase in Level |
| (A) $10,000 or less | no increase |
| (B) More than $10,000 | add 1 |
| (C) More than $50,000 | add 2 |
| (D) More than $250,000 | add 3 |
| (E) More than $800,000 | add 4 |
| (F) More than $1,500,000 | add 5 |
| (G) More than $2,500,000 | add 6 |
| (H) More than $5,000,000 | add 7.". |
The Commentary to §2B3.1 captioned "Application Notes" is amended by deleting:
"2. Pursuant to the last sentence of §2B3.1(b)(1), robbery or attempted robbery of a bank or post office results in a minimum one-level enhancement. There is no special enhancement for banks and post offices if the loss exceeds $10,000, however.",
and inserting in lieu thereof:
"2. When an object that appeared to be a dangerous weapon was brandished, displayed, or possessed, treat the object as a dangerous weapon for the purposes of subsection (b)(2)(C).".
The Commentary to §2B3.1 captioned "Application Notes" is amended by inserting the following additional note:
"8. An ‘express threat of death,’ as used in subsection (b)(2)(D), may be in the form of an oral or written statement, act, gesture, or combination thereof. For example, an oral or written demand using words such as ‘Give me the money or I will kill you’, ‘Give me the money or I will pull the pin on the grenade I have in my pocket’, ‘Give me the money or I will shoot you’, ‘Give me your money or else (where the defendant draws his hand across his throat in a slashing motion)’, or ‘Give me the money or you are dead’ would constitute an express threat of death. The court should consider that the intent of the underlying provision is to provide an increased offense level for cases in which the offender(s) engaged in conduct that would instill in a reasonable person, who is a victim of the offense, significantly greater fear than that necessary to constitute an element of the offense of robbery".
The Commentary to §2B3.1 captioned "Background" is amended in the first paragraph by deleting the third sentence as follows
"Banks and post offices carry a minimum 1 level enhancement for property loss because such institutions generally have more cash readily available, and whether the defendant obtains more or less than $2,500 is largely fortuitous.".
Reason for Amendment: The purposes of this amendment are to increase the offense level for robbery to better reflect the seriousness of the offense and past practice, to provide an increased enhancement for the robbery of the property of a financial institution or post office, to provide an enhancement for an express threat of death, and to provide that an object that appeared to be a dangerous weapon is to be treated as a dangerous weapon for the purposes of subsection (b)(2)(C).
Effective Date: The effective date of this amendment is November 1, 1989.