US v. Lee, No. 08-2860
Sentence for aiding and abetting assault with intent to rob a post office is affirmed where: 1) the district court did not err in overruling defendant's objections to the sentencing enhancements without requiring the government to present any evidence as there was sufficient evidence in the record to support each of the enhancements; and 2) the court did not err in imposing an enhancement under Guidelines sec. 2B3.1(b)(4)(B), as one of his accomplices struck a woman attempting to leave the post office during the robbery, thereby physically restraining the victim.
Appeal from the United States District Court for the Western District of Missouri.
Submitted: March 13, 2009
Filed: July 2, 2009
Before SMITH, GRUENDER, and BENTON, Circuit Judges.
Opinion by SMITH, Circuit Judge.
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