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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. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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