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United States Seventh Circuit


US v. Herman, 18-3057

Sentence vacated and remanded. The application of U.S.S.G. § 2B3.1(b)(4)(B), the physical restraint enhancement which increases the level of offense by two, requires more than merely pointing a gun at someone and telling them not to move. The court disapproved of earlier 7th circuit cases that allow for the physical restraint enhancement based solely on being held at gunpoint.

Appellate Information

  • Decided
  • Published 2019/07/18

Judges

  • Wood

Court

  • United States Seventh Circuit

Counsel

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