Amos

United States v. Amos

Good Law
213 F. App'x 611
United States Court of Appeals for the Ninth CircuitDecember 20, 2006No. 05-50947California451 words

Opinion

Lead Opinion

MEMORANDUM *

The facts and procedural posture of the case are known to the parties, and we do not repeat them here. Rheuben David Amos (“Appellant”) asserts that the district court erred in applying a sentence enhancement for “physical restraint” of victims during the commission of a bank robbery, pursuant to U.S. Sentencing Guidelines Manual (“U.S.S.G.”) § 2B3.1(b)(4)(B). We review the district court’s interpretation of the Sentencing Guidelines de novo and its factual findings for clear error. See United States v. Thompson, 109 F.3d 639, 640 (9th Cir. 1997). Under the Guidelines, a two-level enhancement may be applicable “if any person was physically restrained to facilitate commission of the offense or to facilitate escape.” U.S.S.G. § 2B3.1(b)(4)(B). “Physically restrained” is defined as “forcible restraint of the victim such as by being tied up, bound, or locked up.” U.S.S.G. § 1B1.1, App. note 1, comment. We have noted that physical restraint *612 “usually involve[s] a sustained focus on the restrained person that lasts long enough for the robber to direct the victim into a room or order the victim to walk somewhere.” United States v. Parker, 241 F.3d 1114, 1118 (9th…

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