Guideline Enhancement Based on Co-Defendant's Use of Gun During Robbery Upheld
United States v. Miera, ___ F.3d ___, 2008 WL 3905885 (10th Cir. 2008)
The COA upholds application of the two level GL enhancement, §2B3.1(b)(4)(B), restraint of a person, when D’s accomplice waved a gun at the bank door during a robbery and ordered no one to move. While more is required to be done with the gun to restrain than just brandishing it for the application of the enhancement, there also is no requirement that an individual be targeted for restraint. In this case, that “more” was demonstrated by the accomplice waving the gun around generally, by his ordering a number of times that no one was to move, and by his positioning himself at the door, preventing anyone from leaving.
The COA upholds application of the two level GL enhancement, §2B3.1(b)(4)(B), restraint of a person, when D’s accomplice waved a gun at the bank door during a robbery and ordered no one to move. While more is required to be done with the gun to restrain than just brandishing it for the application of the enhancement, there also is no requirement that an individual be targeted for restraint. In this case, that “more” was demonstrated by the accomplice waving the gun around generally, by his ordering a number of times that no one was to move, and by his positioning himself at the door, preventing anyone from leaving.
posted by Anonymous at 3:42 PM
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