United States v. Reynolds, No. 12-1206 (7th Cir. 2013)
Annotate this CaseReynolds and seven others drove to Gary, Indiana, and ambushed Russell, a marijuana dealer, outside his house. Russell turned over $15,000. Reynolds and the others beat and cut Russell, then tied him up, demanding more money or drugs. To create an opportunity for escape, Russell proposed that he take them to a cache of marijuana at a Chicago garage. Before they reached the garage, Russell convinced the men to let him drive so that the garage employees would not become suspicious. While held at gunpoint, Russell opened his door and dove onto the pavement. The assailants fled, but were arrested after Russell reported the crime. Russell and the other defendants identified Reynolds as the group’s leader. Reynolds insisted that he departed before the others and had not known of the plan to take Russell to Chicago. Convicted of kidnapping, 18 U.S.C. 1201(a)(1), conspiracy to possess with intent to distribute marijuana, 21 U.S.C. 846, 841(a)(1), and brandishing a firearm, 18 U.S.C. 924(c)(1)(A)(ii), Reynolds’s guidelines range was life imprisonment plus seven years for the firearm conviction. Reynolds had a four-level increase for his role as leader, U.S.S.G. 3B1.1(a), and a six-level increase for a ransom demand. The Seventh Circuit upheld the leadership adjustment, but held that section 2A4.1(b)(1) requires that the ransom demand be “made” to a third party.
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