Privacy JusticiabilityDoctri
Did the panel err by upholding the application of an enhancement for brandishing or possessing a firearm when Miss Mosley was acquitted by a jury of this conduct?
QUESTIONS PRESENTED FOR REVIEW 1) DID THE PANEL ERR BY UPHOLDING THE APPLICATION OF AN ENHANCEMENT FOR BRANDISHING OR POSSESSING A FIREARM WHEN MISS MOSLEY WAS ACQUITTED BY A JURY OF THIS CONDUCT ? DID THE USE OF THE ACQUITTED CONDUCT TO ENHANCE MISS MOSLEY’S SENTENCE RUN AFOUL OF THIS COURT’S DIRECTIVES IN ALLEYNE V. UNITED STATES, 133 S.CT. 2151 (2013) AND NELSON V. COLORADO, 137 S. CT. 1249 (2017)? 2) DID THE PANEL ERR BY HOLDING THAT THE EVIDENCE IS SUFFICIENT TO SUSTAIN THE JURY’S GUILTY VERDICT? 3) DID THE PANEL ERR BY AFFIRMING THE DISTRICT COURT’S DECISION TO INCREASE MISS MOSLEY’S BASE OFFENSE BY FOUR LEVELS PURSUANT TOUSS.S.G.§ 2B3.1(b)(4)(A) WHEN THE EVIDENCE DOES NOT SUPPORT A FINDING THAT AN “ABDUCTION” OCCURRED DURING THIS ROBBERY? ii