Second Circuit - Other Offense Types

United States v. Taylor, 961 F.3d 68 (2d Cir. 2020). The dangerous weapon enhancement at §2B3.1(b)(2)(E) did not apply to a defendant who kept his hand near his waistband to suggest he had a firearm but did not pretend that his hand was firearm. The physical restraint enhancement at §2B3.1(b)(4)(B) did not apply where the defendant herded victims into a defined area but did not physically restrain them there.

United States v. Houtar, 980 F.3d 268 (2d Cir. 2020). The court did not err in applying §2J1.2(b)(2)’s three-level enhancement for substantial interference with the administration of justice. The defendant’s flight impaired the family court’s ability to enforce its visitation order, and that conduct was not necessary to sustain the conviction for parental kidnapping.

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