Johnathan Carter v. United States
The four-level abduction enhancement pursuant to U.S.S.G. § 2B 1.3(b)(4)(A) was applied
to Appellant's bank robbery conviction based on moving victims from one part of an office suite or
building to another part. This is the holding in the Third, Fourth, Fifth, and Tenth Circuits. It is
contrary to the holding s in the Six th, Seventh and Eleventh Circuits.
The issue presented is whether a person is "abducted " within the meaning of §
2B1.3(b)(4)(A) if he is moved or ordered to move only a short distance within the same building or
office suite.
Whether a person is 'abducted' within the meaning of § 2B1.3(b)(4)(A) if he is moved or ordered to move only a short distance within the same building or office suite