United States v. Mitchell

Corey Mitchell appeals the application of a sentencing enhancement, pursuant to U.S.S.G. § 2B3.1(b)(3)(C), following his conviction of bank robbery and using and carrying a firearm in relation to that crime. The district court imposed a six-level enhancement because a customer who was in the bank during the robbery-suffered a permanently debilitating stroke that was caused by the acts of Mitchell and his associates in the course of the robbery. Mitchell claims that this injury was not a reasonably foreseeable result of the crime and that therefore the sentencing enhancement should not apply.…