hobbs act robbery sentencing guidelines

"National cemetery" means a cemetery (A) established under section 2400 of title 38, United States Code; or (B) under the jurisdiction of the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of the Interior. Similarly, if the offense to which §2K2.1 applies is 18 U.S.C. Subsection (b)(1)(B).—The inclusion of "property damage" under subsection (b)(1)(B) is designed to address cases in which property damage is caused or threatened as a means of intimidation or retaliation (e.g., to intimidate a witness from, or retaliate against a witness for, testifying). For purposes of subsection (c)(1), "sexually explicit conduct" has the meaning given that term in 18 U.S.C. commit robbery which interferes with interstate commerce (Hobbs Act robbery), in violation of 18 U.S.C. § 844(h), § 924(c), or § 929(a) in that any specific offense characteristic for possession, brandishing, use, or discharge of a firearm is not applied (see Application Note 4). (3)       If the offense involved the use of a computer or an interactive computer service to (A) persuade, induce, entice, coerce, or facilitate the travel of, the minor to engage in prohibited sexual conduct; or (B) entice, encourage, offer, or solicit a person to engage in prohibited sexual conduct with the minor, increase by 2 levels. § 929(a); and (B) as a result of that conviction (alone or in addition to another offense of conviction), is determined to be a career offender under §4B1.1 (Career Offender), the guideline sentence shall be determined under §4B1.1(c). government to a recommended Sentencing Guidelines calculation at a total offense level of 26.2 Zambrana-Sierra and Tanco-Moreno (B)       2 plus the offense level from the offense guideline applicable to that other offense, but in no event greater than level 43. Definition.—For purposes of this guideline, "animal fighting venture" has the meaning given that term in 7 U.S.C. Historical Note: Effective November 1, 1987. § 228(a)(1) is not covered by this guideline because it is a Class B misdemeanor. Selling or Buying of Children for Use in the Production of Pornography. See United States v. Booker, Accordingly, the enhancement in subsection (b)(2)(A) would not apply to a misrepresentation made by a participant to an airline representative in the course of making travel arrangements for the minor. Hobbs Act -- Generally. § 2241(a) or (b) is engaging in, or causing another person to engage in, a sexual act with another person by:  (i) using force against the victim; (ii) threatening or placing the victim in fear that any person will be subject to death, serious bodily injury, or kidnapping; (iii) rendering the victim unconscious; or (iv) administering by force or threat of force, or without the knowledge or permission of the victim, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of the victim to appraise or control conduct. "Records, documents, or tangible objects" includes (A) records, documents, or tangible objects that are stored on, or that are, magnetic, optical, digital, other electronic, or other storage mediums or devices; and (B) wire or electronic communications. For example, teachers, day care providers, baby-sitters, or other temporary caretakers are among those who would be subject to this enhancement. PEONAGE, INVOLUNTARY SERVITUDE, SLAVE TRADE, AND CHILD SOLDIERS. Where the conduct charged in the count of which the defendant was convicted establishes that the offense involved a destructive device, apply §2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition) if the resulting offense level is greater. "A dangerous weapon was used" means that a firearm was discharged, or that a firearm or other dangerous weapon was otherwise used. Consequently, multiple counts involving more than one victim are not to be grouped together under §3D1.2 (Groups of Closely Related Counts). on two prior convictions for robbery in state court and as-sumed that his new Hobbs Act robbery convictions also counted as crimes of violence. Licensee Recordkeeping Violations Involving Explosive Materials. Background:  This section covers the giving or receipt of bribes and other unlawful gratuities involving employee welfare or pension benefit plans, or labor organizations. §2K1.3. 5845(a) or explosive material as defined in 18 U.S.C. The Hobbs Act sentence reflected both a reduction in the defendant's sentencing guidelines offense level for acceptance of . The maximum term of imprisonment authorized by statute ranges from three years to life imprisonment. § 2241, § 2242, § 2243, § 2251(a)–(c), § 2251(d)(1)(B), § 2251A, § 2260(b), § 2421, § 2422, or § 2423; (B) an offense under state law, that would have been an offense under any such section if the offense had occurred within the special maritime or territorial jurisdiction of the United States; or (C) an attempt or conspiracy to commit any of the offenses under subdivisions (A) or (B). Sentencing Guidelines. Different offenses under the Hobbs Act fall under different provisions of the federal sentencing guidelines. 4B1.1, which applies if a defendant's crime of conviction and . 3. 3. In 2016, Oneal pleaded guilty to one count of Hobbs Act robbery conspiracy. Definitions.—For purposes of this guideline: "Covered person" has the meaning given that term in 18 U.S.C. Found inside51 (1983) (the Guidelines system “will guide the judge in making” sentencing decisions). ... But it is also important even in respect to ordinary crimes, such as robbery, where an act that meets the statutory definition can be committed ... 2. Found inside – Page 179If the underlying conduct violates state law , the offense level corresponding to the most analogous federal offense is to be used ... [ Deleted ] Historical Note : Section 2E1.5 ( Hobbs Act Extortion or Robbery ) , effective November 1 ... For additional statutory provision(s), see Appendix A (Statutory Index). (1)       If a victim was killed under circumstances that would constitute murder under 18 U.S.C. (1)       If the offense involved obstructing the investigation or prosecution of a criminal offense, apply §2X3.1 (Accessory After the Fact) in respect to that criminal offense, if the resulting offense level is greater than that determined above. § 922(q), the court should apportion the sentence between the count for the underlying offense and the count under 18 U.S.C. However, if the offense involved a firearm with an altered or obliterated serial number, apply subsection (b)(4)(B). 3. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. § 2156(a)(2)(B); or. Subsection (b)(2)(A) is intended to apply only to misrepresentations made directly to a minor or to a person who exercises custody, care, or supervisory control of the minor. An adjustment from §3A1.1(a) will not apply, however, if a 6-level adjustment from §2H1.1(b) applies. Background:  Alternative base offense levels cover three major ways of obstructing an election: by force, by deceptive or dishonest conduct, or by bribery. § 924(c) ("Section 924(c)"). Cases Involving Adapted or Modified Depictions.—If the offense involved material that is an adapted or modified depiction of an identifiable minor (e.g., a case in which the defendant is convicted under 18 U.S.C. (2)       If a minor was killed under circumstances that would constitute murder under 18 U.S.C. 6. Found inside – Page ixCRIMINAL LAW . See also Constitutional Law . Federal Sentencing Guidelines - Prior convictions . ... HOBBS ACT . Physical violence Relationship to robbery or extortion . - Congress intended only to forbid acts or threats of physical ... In such a case, some degree of undue influence can be presumed because of the substantial difference in age between the participant and the minor. § 230(f)(2)). Five federal courts of appeals have concluded that Hobbs Act robbery does not qualify as a crime of violence. The specific offense characteristics reflect the more serious forms of obstruction. Such devices pose a considerably greater risk to the public welfare than other National Firearms Act weapons. For additional statutory provision(s), see Appendix A (Statutory Index). (ii)    Each video, video-clip, movie, or similar visual depiction shall be considered to have 75 images. False Statements and Concealment of Facts in Relation to Documents Required by the Employee Retirement Income Security Act; Failure to Maintain and Falsification of Records Required by the Labor Management Reporting and Disclosure Act; Destruction and Failure to Maintain Corporate Audit Records. The USSC HelpLine assists practitioners in applying the guidelines. Reach out at the form below or call us at, Federal Clemency: Pardons and Commutations, Federal Motions to Reduce Sentence Under Amendment 782, Federal Drug Trafficking Lawyers: 21 USC 841, Federal Drug Conspiracy Attorneys: 21 USC 846, Client Success Story: Bobby Dee Countryman, Section 4B1.2 of the U.S. § 922(q) would satisfy this requirement. The cumulative offense level determined from the application of subsections (b)(1) through (b)(4) may not exceed level 29, except if subsection (b)(3)(A) applies. Historical Note:  Effective November 1, 1987. Found inside – Page 108... of 100 - month sentence , 13 months above maximum Guidelines sentence , was unreasonable , where robbery of mere ... heartland " of Hobbs Act , 18 USCS $ 1951 ( a ) robbery cases contemplated by Sentencing Commission where both 18 ... §§ 922(a)(6), 922(d), and 924(a)(1)(A).—In a case in which the defendant is convicted under 18 U.S.C. "Sexual abuse or exploitation" does not include possession, accessing with intent to view, receipt, or trafficking in material relating to the sexual abuse or exploitation of a minor. 2. The federal sentencing guidelines . § 1591(e)(3). The U.S. Court of Appeals for the Eleventh Circuit held on March 24, 2020, that substantive Hobbs Act robbery is "too broad" and doesn't qualify to require a sentencing enhancement under the career offender provision of the United States Sentencing Guidelines ("USSG"). Statutory Provisions:  8 U.S.C. (3)       (A)       If any person was abducted to facilitate commission of the offense or to facilitate escape, increase by 4 levels; or. 3. Historical Note:  Section 2E5.6 (Prohibited Payments or Lending of Money by Employer or Agent to Employees, Representatives, or Labor Organizations), effective November 1, 1987, amended effective November 1, 1991 (amendment 422), was deleted by consolidation with §2E5.1 effective November 1, 1993 (amendment 481). §§ 842(a)-(e), (h), (i), (l)-(o), (p)(2), 844(d), (g), 1716, 2283; 26 U.S.C. Inapplicability of §3B1.5.—If subsection (b)(1) applies, do not apply the adjustment in §3B1.5 (Use of Body Armor in Drug Trafficking Crimes and Crimes of Violence). § 1951 and 2; and aiding and abetting in the brandishing of a firearm in relation to a crime of violence, in violation of 18 U.S.C. Background:  The above-referenced provisions are misdemeanors. (1)       If a victim (A) had not attained the age of 12 years, increase by 4 levels; or (B) had attained the age of 12 years but had not attained the age of 16 years, increase by 2 levels. 4B1.2(a). For additional statutory provision(s), see Appendix A (Statutory Index). Statutory Provision:  18 U.S.C. See United States v. Eason, 953 F.3d 1184, 1188 (11th Cir. Amended effective November 1, 2001 (amendment 627); November 1, 2010 (amendment 746); November 1, 2015 (amendment 796). increase by 4 levels. Accordingly, for purposes of subsection (c)(3): (i)     Conduct described in 18 U.S.C. § 2246(3). Fines.—Subsection (d) sets forth special provisions concerning the imposition of fines. Statutory Provisions:  18 U.S.C. The combined sentence will then be constructed to provide a "total punishment" that satisfies the requirements both of §5G1.2 (Sentencing on Multiple Counts of Conviction) and 18 U.S.C. "Another offense", for purposes of subsection (c)(1), means any federal, state, or local offense, other than the explosive or firearms possession or trafficking offense, regardless of whether a criminal charge was brought, or a conviction obtained. (2)       If (A) a dangerous weapon was used, increase by 4 levels; or (B) a dangerous weapon was brandished, or the use of a dangerous weapon was threatened, increase by 2 levels. "Distribution" means any act, including possession with intent to distribute, production, transmission, advertisement, and transportation, related to the transfer of obscene matter. 8�C;$؀KG��J@� �ègI��F+DL1�Ey�&� ��\`�S@�g��p�M�BWSWc,�$��5�EwppmҌ,��=ӫ-`.�[� w�hV Accordingly, distribution includes posting material involving the sexual exploitation of a minor on a website for public viewing but does not include the mere solicitation of such material by a defendant. Acts or threats of physical robbery conspiracy be grouped together under §3D1.2 ( Groups of Closely counts! Serious forms of obstruction definition.—for purposes of subsection ( c ) ( 2 ) ( B ) applies of.. 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