United States Ninth Circuit

A sentence enhancement for physically restraining a victim during a robbery under USSG 2B3.1(b)(4)(B), does not apply when bank robber merely points gun at victim and tells her to lie on the ground.

Appellate Information

• Argued 01/09/2001
• Decided 03/01/2001
• Published 03/01/2001

Judges

• GOODWIN, Circuit Judge:, Before:  GOODWIN, GRABER, and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Sandra Gillies, Woodland, California, for the defendant-appellant., Christopher P. Sonderby, Assistant U.S. Attorney, Sacramento, California, for the plaintiff-appellee.