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7th Circuit: ‘Ransom demand’ requires third-party involvement

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In order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the 7th Circuit Court of Appeals held Wednesday.

In United States of America v. Tyrone Reynolds, 12-1206, Tyrone Reynolds challenged two sentencing guideline enhancements imposed following convictions of kidnapping and other offenses: a four-level enhancement for being the “leader or organizer” of the criminal activity, and a six-level enhancement for making a ransom demand during the crime. He received a life sentence.

Reynolds and seven other men originally from Belize drove from Chicago to Gary in order to rob Glenford Russell of his money and marijuana. Not believing that $15,000 was all Russell had, they tied him up and beat him. Later, the men drove to Chicago with Russell, believing that Russell could get them additional marijuana. He fled in Chicago and the eight men were later arrested.

Two of the men and Russell fingered Reynolds as the ringleader, pointing out he was the main one to interrogate Russell, Reynolds divvied up the money, and that he had decided the men would go to Chicago with Russell to get more drugs.

“The evidence was simply overwhelming that Reynolds oversaw the scheme and had greater relative responsibility than the other participants,” Judge Ann Claire Williams wrote.

But the judges ordered Reynolds resentenced because his enhancement for making a ransom demand isn’t supported by the evidence. “Ransom” isn’t defined in the guidelines, U.S.S.G. Section 2A4.1(b)(1), nor does the commentary shed any light on its definition. They concluded that Section 2A4.1(b)(1) may be applied only if kidnappers’ demands for “money or other consideration” reach someone other than the captured person.

The men who robbed and kidnapped Russell did not demand something from a third-party in exchange for his release. They only demanded the drugs or money from Russell to release him.

“Section 2A4.1(b)(1) is a substantial adjustment, and additional punishment is warranted when demands reach third parties because those who are contacted will experience great stress and may attempt a rescue, escalating the threat of violence,” Williams wrote. “But when a kidnapping is conducted without the knowledge of anyone except for the victim, the scope of the crime and risk of harm to others, while undoubtedly extensive, is nonetheless not as great.”

“Finally, we find it telling that although no appellate court has considered whether § 2A4.1(b)(1) requires the communication of demands to third parties, we have not found a single appellate decision where the adjustment had been applied to a defendant who did not intend for his demands to reach a third party,” she wrote.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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