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Fourth Circuit: Bodily Injury Sentence Enhancement for Robbery Inapplicable Where Victim Sustained ‘Momentary’ Injury and Sought ‘Precautionary’ Medical Treatment

by Jacob Barrett

TheU.S.CourtofAppeals for theFourthCircuitruledadistrictcourtcannot simply“guess”that a victim suffered a qualifying “bodily injury” in connection with a robbery to trigger the two-level, bodily injury sentence enhancement under U.S. Sentencing Guidelines (“Guidelines”) § 2B3.1(b)(3)(A).

MelvinThomasLewisandtwoothersrobbedapawnshop.Lewisstruckthe managerinthebackoftheheadthreetimes,causinghimtofalltothefloor.Thepoliceobserveda“redspot”onthebackofthemanager’s head, and he stated that he felt “dizzy.” He was taken to the hospital ...

 

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