Cuddy

United States v. Cuddy

Good Law
147 F.3d 1111·98 Daily Journal DAR 7197·1998 U.S. App. LEXIS 13846·98 Cal. Daily Op. Serv. 5111
United States Court of Appeals for the Ninth CircuitJune 29, 1998Nos. 97-10064, 97-10067California2,416 words

Opinion

Lead Opinion

Pregerson, J.

This case is again before us on a sentencing guideline issue after an earlier remand to the district court on the same issue.

Defendants Ray Marion Cuddy and Jacob Harold Sherwood were sentenced to prison after a jury found them guilty of all offenses charged in their indictments. Their convictions arose out of their extortion of $1.45 million from Las Vegas casino/hotel owner *1113 Steven Wynn, whose daughter was . kidnapped by defendants.

Defendants again appeal the district court’s two-level upward departure under United States Sentencing Guideline (“U.S.S.G.”) § 2B3.2, Application Note 8, which permits an upward departure if the offense involved “a threat to a family member of the victim.” We affirm.

BACKGROUND

On July 26, 1993, Ray Marion Cuddy and Jacob Harold Sherwood kidnapped Kevin Wynn, the daughter of the Chief Executive Officer of Mirage Resorts, 'Inc., Steven Wynn. 1 The defendants taped Ms. Wynn’s eyes shut, put sunglasses on her, and forced her to undress. They then took pictures of her in her underwear and threatened to release the pictures to the public if she or her father went to the police. Ms. Wynn was then permitted to dress and the defendants tied her…

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