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United States v. Gaylon Richard Cox
Citations: 225 F.3d 1018; 2000 U.S. App. LEXIS 23442; 2000 WL 1341522Docket: 00-1610
Court: Court of Appeals for the Eighth Circuit; September 19, 2000; Federal Appellate Court
Gaylon Richard Cox was convicted for aiding and abetting a bank robbery involving his sixteen-year-old girlfriend, who entered an Arkansas bank with a toy gun and a threatening note. The note indicated that she had a police scanner and would shoot if the silent alarm was triggered, demanding money from the teller. After the robbery, Cox was arrested and later sentenced to life imprisonment under the "three strikes" statute due to prior serious violent felony convictions. Cox appealed the sentence, arguing that his conviction should not count as a third strike under 18 U.S.C. § 3559(c)(3)(A) because no actual firearm was used, and there were no injuries during the robbery. The statute provides that robbery cannot serve as a basis for sentencing under the three strikes law if the defendant can prove by clear and convincing evidence that no weapon was used and that no threat of weapon use occurred, and that the offense did not result in death or serious bodily injury. The court found that although no one was injured, the demand note and the appearance of a gun created a clear threat of firearm use. The court emphasized that the communicated threat of using a firearm was evident from the note, which stated the teller would be shot if the alarm was activated. The court cited previous cases to support the conclusion that the absence of an actual gun did not negate the presence of a threat. Ultimately, the court affirmed the district court’s decision, ruling that Cox’s actions included a threat of firearm use during the robbery, thus supporting the life sentence under the three strikes statute.