Eighth Circuit - Other Offense Types

United States v. Mays, 967 F.3d 748 (8th Cir. 2020). The 3-level increase under §2B3.1(b)(3)(D) for inflicting a degree of injury between “bodily injury” and “serious bodily injury” applied to a robbery offense in which the victim was taken to the hospital after being grazed by a bullet and suffered from a burning sensation, bleeding, and continued soreness after treatment. The §2B3.1(b)(3) enhancement applied even though Application Note 4 to §2K2.4 precludes firearm enhancements for an underlying offense imposed in conjunction with a firearm offense, because §2B3.1(b)(3) is “an injured victim enhancement” that can apply regardless of whether a firearm causes the injury.

United States v. Wright , 993 F.3d 1054 (8th Cir. 2021). Applying both offense level 20 for robbery at §2B3.1 and the 2-level increase for carjacking at §2B3.1(b)(5) is not impermissible double counting. The increase reflects the “heightened seriousness” of a robbery involving carjacking.

United States v. Haynie, 8 F.4th 801 (8th Cir. 2021). Aggravated assault with a firearm is not an “underlying racketeering activity” under §2E1.1(a)(2).

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