Tre Reshawn Tate v. United States
AdministrativeLaw SocialSecurity Securities Immigration LaborRelations
Whether the application note defining 'dangerous weapon' is overly broad under Kisor v. Wilkie by defining 'possession' to include merely pretending to possess one
QUESTION PRESENTED FOR REVIEW The United States Sentencing Guidelines (“USSG”) provides a_ three-point enhancement under the robbery guideline, U.S.S.G. § 2B3.1, if an individual “possessed” a “dangerous weapon” during the robbery. What constitutes a “dangerous weapon” is not defined in the guideline itself, but is instead defined in the commentary thereto. The question presented here is this: Is the application note defining “dangerous weapon” overly broad under Kisor v. Wilkie, 139 S. Ct. 2400 (2019) by defining “possession” of a “dangerous weapon” to include merely pretending to possess one—by sticking one’s empty hand into one’s bag? ii