United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 97-1391 ___________ United States of America, * * Plaintiff - Appellee, * * Appeal from the United States v. * District Court for the * District of Minnesota.

Leon Jack Hudson, also known * as Charles North, * [UNPUBLISHED] * Defendant - Appellant. *

___________ Submitted: June 10, 1997 Filed: June 13, 1997 ___________ Before MURPHY and HEANEY, Circuit Judges, and BOGUE,1 District Judge. ___________ PER CURIAM.

Leon Jack Hudson was found guilty by a jury of bank robbery under 18 U.S.C. § 2113(a) (1997) and sentenced to 84 months in prison. Hudson argues on appeal that the evidence was insufficient to show that he took property of the bank by "force,

The Honorable Andrew W. Bogue, United States District Judge for the District of South Dakota, sitting by designation. violence, or intimidation" and that the district court2 erred in applying a sentencing enhancement for obstruction of justice under U.S.S.G. § 3C1.1 (1997) because he lied about his identity at his initial appearance. A thorough review of the record reveals that the evidence was sufficient to support the conviction under § 2113(a) and the enhancement was appropriate because Hudson's identity was a material fact. United States v. St. James, 38 F.3d 987, 988 (8th Cir. 1994). The judgment of the district court is affirmed.

A true copy.

Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota.

-2-