IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20679
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AARON LOUIS EDWARDS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-609-3
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May 21, 2001
Before SMITH, DUHÉ and PARKER, Circuit Judges.
PER CURIAM:1
Aaron Louis Edwards appeals his sentence following his guilty-
plea convictions for bank robbery and using a firearm during a
crime of violence. He argues that the district court erred by
increasing his offense level based on its findings that carjacking
was involved in the bank robbery and that Edwards and his
codefendants had physically restrained a person during the course
of the robbery. We have reviewed the record and the briefs of the
parties, and we discern no reversible error.
1
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Pursuant to U.S.S.G. § 1B1.3(a)(1), the carjacking is relevant
conduct vis-a-vis the bank robbery because it was committed in
preparation for the bank robbery. Moreover, that another
defendant, not Edwards, was the person who physically committed the
carjacking does not absolve Edwards of responsibility in any way.
Since Edwards was part of the jointly undertaken criminal activity
at the time of the carjacking, the carjacking is attributable to
Edwards as if he had committed the carjacking himself. U.S.S.G. §
1B1.3(a)(1); see United States v. Carreon, 11 F.3d 1225, 1232-36
(5th Cir. 1994).
Similarly, the offense-level increase imposed pursuant to
U.S.S.G. § 2B3.1(b)(4)(B) based upon a codefendant’s grabbing an
exiting customer by the neck and dragging her back into the store
during the robbery was not erroneous. See United States v. Keeton,
No. 94-10640 (5th Cir. May 16, 1995) (unpublished) (conduct of
codefendant who accosted bank employee in parking lot and forced
her back into the bank found to be physical restraint under
U.S.S.G. § 2B3.1(b)(4)(B)).2 Edwards’ sentence is
AFFIRMED.
2
Unpublished opinions issued before January 1, 1996, have
precedential value. 5th Cir. R. 47.5.3.
2