U.S. v. PAUL

Docket No. 17-2702 August Term 2018.

904 F.3d 200 (2018)

UNITED STATES of America, Appellee, v. Wensley PAUL, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 18, 2018.


Attorney(s) appearing for the Case

Mitchell Joel Dinnerstein , New York, NY, submitted a brief for Appellant Wensley Paul.

Richard P. Donoghue , U.S. Atty., Brooklyn, NY, Susan Corkery , Asst. U.S. Atty., Keith D. Edelman , Asst. U.S. Atty., Brooklyn, NY, submitted a brief for Appellee United States of America.

Before: NEWMAN, POOLER, Circuit Judges, and COTE, District Judge.


The Federal Sentencing Guidelines provide for a two level increase in the base offense level for robbery "if any person was physically restrained to facilitate commission of the offense." U.S.S.G. § 2B3.1(b)(4)(B). This appeal requires interpretation of the words "physically restrained," a matter that has produced...

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