Submitted: April 3, 2017
from United States District Court for the Western District of
Arkansas - Fayetteville
SMITH, Chief Judge, ARNOLD and SHEPHERD, Circuit Judges.
SHEPHERD, Circuit Judge.
Fisher pled guilty to an Arkansas bank robbery, in violation
of 18 U.S.C. § 2113(a). The district court sentenced him
to 150 months imprisonment after applying a two-level
enhancement to the United States Sentencing Guidelines
offense level for using a minor to commit the crime. Having
jurisdiction under 28 U.S.C. § 1291, we reverse and
remand for resentencing.
August 28, 2015 in Bentonville, Arkansas, Fisher slipped a
note to a bank teller reading:
"Give me the money. This is not a joke. I am very
The teller handed over $961 after Fisher said, "I'm
not kidding." Fisher ditched his cap and shirt nearby as
he left the bank. A fifteen-year-old female runaway
(hereinafter "M.T.") waited in the getaway car
during the robbery.
evidence from his discarded shirt and surveillance video
footage were used to identify Fisher. He was arrested about
three months later when he ran out of gas during a high-speed
chase following a traffic stop in California. M.T. was a
passenger in Fisher's car at the time of his arrest.
a thirty-nine year old man with a significant criminal
history, first met M.T. at a Dunkin' Donuts in Colorado
five months prior to his arrest. After meeting, Fisher and
M.T. traveled around the country on a crime spree that
allegedly included bank robberies in Kansas, Wyoming, and New
Mexico-in addition to the Arkansas robbery. M.T. was sexually
abused by her father at a young age and spent most of her
life in foster homes prior to running away from a group
foster home in Colorado just before meeting Fisher. During
the investigation, M.T. said she was in love with Fisher. She
admitted using Google Maps to plot entry and exit routes for
some of the robberies in other states, but not the robbery in
Arkansas. Fisher described M.T. as his "sidekick, "
"best friend, " "co-pilot, " and
"navigator" during their travels together.
purchased the car used during the trip and registered it in
the name, "Jenna Miller, " matching a driver's
license that he had stolen. M.T. also used the name
"Jenna Miller" as her alias.
pled guilty to bank robbery, in violation of 18 U.S.C. §
2113(a), in the Western District of Arkansas. The district
court found that Fisher "use[d] [M.T.] who participated
in this entire crime spree, including procurement of the
getaway car and . . . as his 'navigator' . . . to
assist in the entry route and the getaway route from the
robbery" and applied a two-level enhancement under USSG