47 F.3d 1177 (9th Cir. 1995), 94-30239, U.S. v. Sanders

• Docket Number: 94-30239.
• Date: 24 February 1995
• Citation: 47 F.3d 1177
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Damion SANDERS, Defendant-Appellant.
• Court: U.S. Court of Appeals — Ninth Circuit

Page 1177

47 F.3d 1177 (9th Cir. 1995)

UNITED STATES of America, Plaintiff-Appellee,

v.

Damion SANDERS, Defendant-Appellant.

No. 94-30239.

United States Court of Appeals, Ninth Circuit

February 24, 1995

Submitted February 15, 1995. ^[*]

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the District of Oregon, No. CR-93-00394-JAR; James A. Redden, District Judge, Presiding.

D.Or.

AFFIRMED.

Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges.

MEMORANDUM ^[**]

Damion Sanders appeals his conviction and the 87-month sentence imposed following his conditional plea of guilty to armed bank robbery and carjacking in violation of 18 U.S.C. §§ 2113(a), (d), and 2119. Sanders claims the district court erred, first, by concluding that probable cause supported his arrest and, second, by increasing his base offense level for restraining a victim pursuant to U.S.S.G. § 2B3.1(b)(4)(B). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Facts

Sanders and a codefendant, both dressed in face masks and black jumpsuits, entered a Portland bank and, with guns drawn, ordered everyone to lie on the floor. Sanders took the bank manager by the elbow and walked her to the vault, which he ordered her to open. He loaded a paper sack with money in which was hidden an electronic tracking device, and fled with his codefendant. Across the street from the bank, the two took a car at gunpoint.

Within five minutes of the robbery, police broadcast a description of one of the robbers as male, black, in his twenties, five-foot ten, 170-180 pounds, and wearing red canvas Converse Allstars tennis shoes. Less than thirty minutes after the robbery, police who had followed the signals emitted by the tracking device saw Sanders walking down the street within a block of where the signals were strongest. He was underdressed for the weather and he was wearing red Converse tennis shoes. Police converged with guns drawn and arrested him. At sentencing, the district court ruled that Sanders' holding the manager's elbow en route to the bank vault amounted to the "physical restraint" of a victim, warranting an enhancement under U.S.S.G. § 2B3.1(b)(4)(B).

Probable Cause

Sanders contends the police lacked probable cause to arrest him. We disagree.

We review de...