United States Third Circuit

In a case in which a robber of an 803-square foot pizza shop forcibly moved three employees from a locked bathroom in which they were hiding to the cash register 34 feet away from the bathroom door, the sentence is affirmed, where: 1) a four-level sentence increase for an abduction was appropriate, as the district court was well within its considerable discretion in finding the bathroom to be a different location from the cash register area; and 2) there was no improper double counting by applying the enhancement for abduction in conjunction with the mandatory minimum sentence for use of a handgun.

Appellate Information

• Decided 05/22/2012
• Published 05/22/2012

Judges

• Nygaard

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Megan S. Scheib, Robert A. Zauzmer