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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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