Whether the Robbery guideline 'abduction' enhancement under USSG § 2B3.1(b)(4)(A) requires moving a person to a place separate from the site of the robbery

QUESTION PRESENTED Under Section 2B3.1(b)(4)(A) of the United States Sentencing Guidelines (“USSG”), courts apply a four-level increase to the offense level for Robbery if any person was abducted to facilitate commission of the offense or to facilitate escape. Comment 1 for USSG § 2B3.1 directs courts to Section 1B1.1 for the definition of “abducted.” Comment 1(A) to section 1B1.1 says, ““Abducted’ means that a victim was forced to accompany an offender to a different location. For example, a bank robber’s forcing a bank teller from the bank into a getaway car would constitute an abduction.” A circuit split has long existed on whether “accompany an offender to a different location” requires moving a person to a place separate from the site of the robbery (i.e., store or bank being robbed). The Third, Fourth, Fifth, and Tenth Circuits have held the answer is “no,” while the Sixth, Seventh, and Eleventh Circuits have held the answer is “yes.” The question presented is: Whether the Robbery guideline “abduction” enhancement under USSG § 2B3.1(b)(4)(A) requires moving a person to a place separate from the site of the robbery.