United States v. Bell, No. 17-3792 (3d Cir. 2020)
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Bell and Robinson entered a Philadelphia store, wearing stockings over their faces. Bell grabbed an employee’s neck, pointed a weapon and threw the employee to the ground, then took cash from the register. The employee grabbed Bell. Bell hit the employee with the weapon, causing the weapon to break. The employee then realized the firearm was actually a plastic gun; he stood and attempted to stop the robbery. Bell and Robinson fled the store with $1,000.00 in cash. Bell dropped his hat, which was seized by the police for DNA testing. Approximately one year later, the police obtained a warrant for Bell’s DNA. Officers went to Bell’s residence to execute the warrant and found Bell hiding on the roof outside his bedroom window with a bag containing ammunition.
Bell pled guilty as a felon in possession of ammunition, 18 U.S.C. 922(g) and to Hobbs Act robbery, section 1951(a). The court imposed a two-level enhancement for physical restraint, U.S.S.G. 2B3.1(b)(4)(B) and a four-level enhancement for use of a dangerous weapon, section 2B3.1(b)(2)(D). The court calculated a sentencing range of 77-96 months and imposed a sentence of 86 months. The Third Circuit remanded for resentencing, affirming the application of the dangerous weapon enhancement but reversing the enhancement for physical restraint. While grabbing the victim and forcing him down satisfied the physical force requirement, the victim was not left with no alternative and the restraint was quite limited in time without sustained focus on the victim. Objects that appear to be dangerous weapons are considered dangerous weapons for purposes of section 2B3.1.
The court issued a subsequent related opinion or order on January 8, 2020.
The court issued a subsequent related opinion or order on January 8, 2020.
The court issued a subsequent related opinion or order on January 9, 2020.
The court issued a subsequent related opinion or order on January 9, 2020.
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