United States v. Lewis, No. 17-4737 (4th Cir. 2021)
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Lewis and two others robbed a pawnshop. Lewis pointed his firearm at the manager and struck him in the back of the head three times, causing him to fall to the floor. The robbers stole 28 firearms, more than $61,000 worth of jewelry, and $2,000 in cash. The police found a “red spot” on the back of the manager’s head, which was not bleeding. The manager felt “dizzy” and was taken to the hospital. His medical expenses totaled $3,676.92. Lewis pleaded guilty to conspiracy to commit Hobbs Act robbery, 18 U.S.C. 1951(a), Hobbs Act robbery, and brandishing a firearm in relation to a crime of violence, 18 U.S.C. 924(c). The PSR recommended a two-level enhancement because a victim sustained bodily injury. Lewis objected that an injury must be “significant” to sustain the enhancement and that an injury must have “more than momentary consequences” to be “significant.”
The district court “guess[ed]” that the manager had suffered a “mild concussion,” applied the enhancement and sentenced Lewis to 46 months followed by 84 months for Count III. The Fourth Circuit vacated. The court erred in imposing the injury enhancement. The prosecution failed to produce police reports, medical records, photographs, or testimony with respect to the injury to establish that the manager received more-than-precautionary medical attention. Nor did it establish that the manager’s injuries lasted for a “meaningful period.”
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