United States v. Paul

JON O. NEWMAN, Circuit Judge:

The Federal Sentencing Guidelines provide for a two level increase in the base offense level for robbery "if any person was physically restrained to facilitate commission of the offense." U.S.S.G. § 2B3.1(b)(4)(B). This appeal requires interpretation of the words "physically restrained," a matter that has produced different views among the courts of appeals that have encountered it. The appeal is from the August 22, 2017, judgment of the District Court for the Eastern District of New York (Dora L. Irazarry, Chief Judge) sentencing Appellant Wensley Paul to a below…