Fifth Circuit - Other Offense Types

United States v. Redmond, 965 F.3d 416 (5th Cir. 2020). The court erred when it applied a 4-level enhancement for abduction under §2B3.1(b)(4)(A) because the defendant did not force a victim to “accompany” him to a different location when he directed bank tellers to “walk to an adjacent room, close the door, and count to 100 before coming out.”

United States v. Izaguirre, 973 F.3d 377 (5th Cir. 2020). When a defendant is convicted of both an underlying offense and the failure to appear for sentencing, §2J1.6 requires that the failure to appear be treated as an obstruction adjustment under §3C1.1, resulting in one guidelines range. The court should then select the total punishment for both offenses and construct the sentence to reflect the requirement that the sentences run consecutively.

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