United States v. Smith, No. 13-4422 (3d Cir. 2014)
Annotate this CaseSmith pulled his car off the road in Emporium, Pennsylvania, pretending that it was disabled. He flagged down a bank manager, Whiting, who agreed to drive Smith to a repair shop. Smith had been waiting for Whiting. He wanted revenge because the bank had initiated foreclosure proceedings on his house. Smith drew a gun, stolen from his brother-in-law, and directed Whiting to drive to the bank, saying that she and another bank employee were “going to pay.” Smith directed Whiting to the bank’s parking lot, but Whiting continued past the lot because she feared he would kill her there. Slowing down, she unfastened her seat belt and rolled out of the car without serious injury. Smith abandoned the car and, fleeing on foot, hid the gun beside a creek. He was arrested a month later. He was convicted of carjacking, 18 U.S.C. 2119; brandishing a firearm during a crime of violence, 18 U.S.C. 924(c)(1)(A)(ii); and possessing a stolen firearm, 18 U.S.C. 922(j) and sentenced to 171 months in prison. The Third Circuit affirmed, rejecting arguments that the court wrongly concluded his crimes qualify for the enhancement for abduction and that Whiting’s car was not “taken, damaged, or destroyed,” for purposes of the loss enhancement under the Guidelines.
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