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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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