United States v. St. Juste (Paul), No. 17-2702 (2d Cir. 2018)Annotate this Case
Defendant appealed his 108 month sentence for his role in a robbery and a firearms offense. The Second Circuit held that the two level enhancement for physically restraining a person during the robbery, pursuant to USSG 2B3.1(b)(4)(B), was not validly imposed. In this case, the undisputed facts, revealed by a surveillance videotape, showed that no one was "physically restrained" within the meaning of the applicable guideline during the robbery. Accordingly, the court remanded for recalculation of the sentencing range and for resentencing.