Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, July 03, 2013

Victor: Affirming Physical Restraint Enhancement

In U.S. v. Victor, No. 12-12809 (June 27, 2013), the Court affirmed a 121-month sentence imposed for bank robbery, brandishing a firearm, in violation of 18 U.S.C. §§ 2113(a) and 924(c)(1)(A)(ii).

The Court rejected a challenge to the imposition of a two-level Guideline “physical-restraint” sentence enhancement. The Court found that Victor, by threatening a bank lobby employee with what the employee believed to be a gun to prevent her from escaping, “physically restrained her within the Guidelines’ meaning.”

The Court also rejected a substantive reasonableness challenge to the sentence. The sentence was within the Guidelines range, and the district court considered the § 3553(a) factors.