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  • United States v. Bell

    Publication Date: 2020-01-20
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Greenaway
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0047

    District court properly applied the enhancement for use of a dangerous weapon but erred in applying the enhancement for physical restraint in sentencing appellant for a robbery because appellant did not physically restrain the victim sufficiently to invoke the application of the enhancement where he grabbed victim by neck, put him on the floor, hit him with his fake gun but victim twice attempted to thwart the robbery by grabbing appellant. Affirmed in part and reversed in part.