United States v. Dimache, No. 11-4090
Decided: December 7, 2011
Elianer Dimache’s sentence for bank robbery was enhanced under the Robbery Guidelines providing for a two-level enhancement “if any person was physically restrained to facilitate the commission of the offense or to facilitate escape.” Dimache challenged application of the enhancement, and the Fourth Circuit Court of Appeals affirmed. The court held that physical restraint does not require more than pointing a gun at a person, ordering them to the floor, and telling them not to move. Therefore, Dimache physically restrained the two bank tellers by ordering them to the floor at gunpoint, and application of sentencing enhancement was appropriate.
-Sara I. Salehi