Court of Appeals for the Second Circuit March 18, 2004, Docket 03-1177 (United States v. Linwood Wilkerson)

MINER, Circuit Judge.

In the early evening hours of September 8, 1997, Bilberto Lopez and his brother, Natividad, were the victims of a “hold up” while they were moving a stove into the basement of a multi-dwelling residential building that they owned in Brooklyn. Instead of complying with their assailant’s demand for money, the Lopez brothers resisted.