United States v. Mays, No. 19-1620 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit affirmed defendant's 180 month sentence imposed after he pleaded guilty to one count of violating the Hobbs Act by robbery, and one count of discharging a firearm during the commission of the robbery. The court held that the district court did not clearly err by imposing a three level sentencing enhancement under USSG 2B3.1(b)(3) for a bystander's injury, which fell between bodily injury and serious bodily injury; the court found no reported decision holding that Application Note 4 precludes a USSG 2B3.1(b)(3) enhancement; and defendant's below-guidelines Hobbs Act sentence was substantively reasonable where the district court considered the 18 U.S.C. 3553(a) sentencing factors and did not abuse its substantial sentencing discretion.
Court Description: [Loken, Author, with Benton and Kelly, Circuit Judges] Criminal case - Sentencing. The injuries suffered by a bystander when defendant engaged in a shoot-out with a cellphone store employee at the store he was trying to rob fell between bodily injury and serious bodily injury and supported a three-level increase under Guidelines Sec. 2B3.1(b)(3)(D); Application Note 4 did not preclude a victim injury increase under Sec. 2B3.1(b)(3); defendant's below-guidelines range Hobbs Act sentence was not substantively unreasonable.
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