Gadiel Romero v. United States
Punishment Privacy
Is it proper to apply a 6-level increase for a ransom demand in a kidnapping offense when not communicated?
QUESTIONS PRESENTED I. Is it proper for a sentencing court to apply the substantial 6-level increase to a defendant’s offense level contemplated in Section 2A4.1(b)(1) of the United States Sentencing Guidelines where a ransom demand was made during the commission of a kidnapping offense but was never communicated to a third party? Il. Does a sentence of 276 months imposed on a defendant convicted of Conspiracy To Commit Kidnapping in violation of 18 U.S.C. § 1201(c) constitute cruel and unusual punishment in violation of the Eighth Amendment of the United States Constitution where the national mean for such an offense is 192 months and where the defendant’s similarly situated co-conspirators received sentences ranging from 131 to 192 months of imprisonment? i