Third Circuit - Other Offense Types

United States v. Bell, 947 F.3d 49 (3d Cir. 2020). The 2-level physical restraint enhancement at §2B3.1(b)(4)(B) could not be applied based on the defendant’s grabbing the store clerk by the neck and forcing him to the floor during the robbery. The defendant’s actions must “involve[] the use of physical force that limited the victim’s freedom of movement, with a sustained focus on the victim for some period of time which provided the victim with no alternative but compliance.” In this case, the victim “twice attempted to thwart the robbery,” and the entire incident lasted only seconds.

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