context: Courts of Appeals have generally distinguished between the general pointing or waving about of a weapon, which amounts to "brandishing," and the pointing of a weapon at a specific victim or group of victims to force them to comply with the robber's demands. In essence, "brandishing" constitutes an implicit threat that force might be used, while a weapon is "otherwise used" when the threat becomes more explicit.
citation_a.signal: see
citation_a.identifier: 126 F.3d 666, 669
citation_a.parenthetical: gun was "otherwise used" when pointed at victims during bank robbery to ensure their compliance
citation_a.sentence: See United States v. Gilkey, 118 F.3d 702, 705-06 (10th Cir.1997) (gun was “otherwise used” to force victims to move, despite lack of evidence regarding physical contact with victims or use of verbal threats); United States v. Elkins, 16 F.3d 952 (8th Cir.1994) (knife was “otherwise used” to force victim to move); United States v. Hamilton, 929 F.2d 1126, 1130 (6th Cir.1991) (knife was “otherwise used” when intentionally held to victim’s throat as robber made verbal threats); United States v. Burton, 126 F.3d 666, 669 (5th Cir.1997) (gun was “otherwise used” when pointed at victims during bank robbery to ensure their compliance).
citation_b.signal: but see
citation_b.parenthetical: pointing firearms at customers during bank robbery, ordering them to floor, and threatening to kill them if they did not comply amounted to "brandishing"
citation_b.sentence: But see United States v. Matthews, 20 F.3d 538 (2d Cir.1994) (pointing firearms at customers during bank robbery, ordering them to floor, and threatening to kill them if they did not comply amounted to “brandishing”).