Court of Appeals for the Ninth Circuit May 20, 2003, No. 02-30343; D.C. No. CR-01-60034-MRH (United States v. Hicks)

Reinhardt, Circuit Judge,

dissenting.

There are of course no “circumstances of this case” that justify the majority’s finding. That is why the government did not support the enhancement. In fact, the circumstances demonstrate that a reasonable person would not have been in fear for his life.