Submitted September 25, 2015
Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids.
For United States of America, Plaintiff - Appellee: Mark Tremmel, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Northern District of Iowa, Cedar Rapids, IA.
Bria Daudinot, Defendant - Appellant, Pro se, Waseca, MN.
For Bria Daudinot, Defendant - Appellant: John P. Messina, Assistant Federal Public Defender, FEDERAL PUBLIC DEFENDER'S OFFICE, Southern District of Iowa, Des Moines, IA.
Before RILEY, Chief Judge, BRIGHT and GRUENDER, Circuit Judges.
Appellant-defendant Bria Daudinot (Daudinot) pled guilty to aiding-and-abetting bank robbery in violation of 18 U.S.C. § § 2 and 2113(a). Daudinot appeals her 97-month Guideline sentence, contending the district court clearly erred by finding it " reasonably foreseeable" to Daudinot that Daudinot's codefendant would use a firearm during the bank robbery. We reject that claim and affirm.
This case arose from a series of bank robberies committed by Javon Dockery (Dockery)--Daudinot's boyfriend and codefendant. After Dockerycommitted a bank robbery in which Daudinot was uninvolved, the media displayed images of Dockery aiming a firearm at a bank teller. Daudinot admitted to seeing the images prior to the events at issue in this case.
On June 26, 2014, Daudinot drove Dockery to a bank. Daudinot parked the car in an alley near the bank and Dockery informed Daudinot he intended to rob the bank. Dockery entered the bank and threatened bank tellers and customers with a firearm. The bank tellers handed Dockery money and Dockery returned to the vehicle. Daudinot drove away, attempting to avoid police. Police eventually apprehended Daudinot and Dockery.
A grand jury indicted Daudinot with one-count of bank robbery and aiding-and-abetting bank robbery in violation of 18 U.S.C. § § 2 and 2113(a). Daudinot pled guilty.
Prior to sentencing, a probation officer issued a presentence report (PSR) recommending a six-level enhancement for a firearm " otherwise used" in a bank robbery pursuant to U.S. Sentencing Guidelines Manual (U.S.S.G.) § 2B3.1(b)(2)(B). Daudinot objected to the firearm enhancement, but again conceded she saw images of Dockery using a firearm in a prior bank robbery.
The district court adopted the PSR's advisory Guideline range--including the firearm enhancement--and sentenced Daudinot to 97-months' (approximately 8 years') imprisonment. The district court set forth two reasons for its application of the section 2B3.1(b)(2)(B) enhancement: (1) " bank robbers in general use firearms" ; and (2) " it was foreseeable to [Daudinot] because her ...