United States v. Dosen, No. 13-2223 (7th Cir. 2013)
Annotate this CaseDefendant pleaded guilty to conspiring to commit a robbery affecting interstate commerce, a violation of the Hobbs Act, 18 U.S.C. 1951(a), and to carrying firearms in relation to a crime of violence, in violation of 18 U.S.C. 924(c)(1)(A), based on a plan that, armed with guns, the conspirators would rob a truck used by marijuana traffickers to transport cash from Illinois to California, buy marijuana, and haul it back to the Chicago area. The conspirators lost the truck in traffic and were unable to complete the robbery. The district judge sentenced the defendant to 30 months for the conspiracy plus 60 months on the firearms count, the statutory minimum and required to run consecutively to the conspiracy sentence, 18 U.S.C. 924(c)(1)(A)(i), 924(c)(1)(D)(ii). Another conspirator, guilty of the same offenses, received an identical sentence. The Seventh Circuit affirmed, rejecting a challenge to the judge’s addition of two levels to the base offense level for conspiring to subject the robbery victims to physical restraint under U.S.S.G. 2X1.1(a), 2B3.1(b)(4)(B). Conversations recorded by a government informant had revealed that plan. The court also upheld refusal to reduce the base offense level by three levels because the conspiracy did not come to fruition as a substantive crime, U.S.S.G. 2X1.1(b)(2). The conspirators were “dangerous people,” so there was little doubt that they would have attacked the truck, “with mayhem a likely result.”
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