No. 23-6749

Lower Court: Tenth Circuit

Docketed: 2024-02-14

Status: Denied

Type: IFP

Tags: circuit-split criminal-sentencing judicial-interpretation physical-restraint plain-text recurring-issue sentencing-commission sentencing-guidelines victim-definition

Latest Conference: 2024-03-15

Question Presented (from Petition)

Whether a defendant should receive an increased sentence under U.S.S.G. § 3A1.3 for having "physically restrained" a victim, where the conduct at issue is nothing like the narrow examples the Guidelines use to define that term, such as "the victim . . . being tied, bound, or locked up"?

Question Presented (AI Summary)

Whether a defendant should receive an increased sentence under U.S.S.G. § 3A1.3 for having 'physically restrained' a victim, where the conduct at issue is nothing like the narrow examples the Guidelines use to define that term, such as 'the victim . . . being tied, bound, or locked up'?