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U.S. v. DIMACHE

No. 11-4090.

665 F.3d 603 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Elianer DIMACHE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 7, 2011.

Attorney(s) appearing for the Case

ARGUED: William Fletcher Nettles, IV , Office of the Federal Public Defender, Florence, South Carolina, for Appellant. Alfred William Walker Bethea, Jr. , Office of the United States Attorney, Florence, South Carolina, for Appellee. ON BRIEF: William N. Nettles , United States Attorney, Columbia, South Carolina, for Appellee.

Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge KEENAN and Judge WYNN joined.

OPINION

HAMILTON, Senior Circuit Judge:

The Robbery Guideline provides for a two-level enhancement to a defendant's base offense level "if any person was physically restrained to facilitate the commission of the offense or to facilitate escape." U.S. Sentencing Guidelines Manual (USSG) § 2B3.1(b)(4)(B). The issue presented in this appeal is whether the district court erred in sentencing the appellant, Elianer Dimache, when it applied this enhancement...

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