U.S.S.G. §2B3.1

(a) Base Offense Level: 20

(b) Specific Offense Characteristics

(1) If the property of a financial institution or post office was taken, or if

the taking of such property was an object of the offense, increase by

2 levels.

(2) (A) If a firearm was discharged, increase by 7 levels; (B) if a firearm

was used to convey a specific (not general) threat of harm (e.g., pointing the firearm at a specific victim or victims; directing the movement

of a specific victim or victims with the firearm) or to make physical

contact with a victim (e.g., pistol whip; firearm placed against victim’s

body), increase by 6 levels; (C) if a firearm was brandished or possessed, increase by 5 levels; (D) if a dangerous weapon was otherwise

used, increase by 4 levels; (E) if a dangerous weapon was brandished

or possessed, increase by 3 levels; or (F) if a threat of death was made,

increase by 2 levels.

(3) If any victim sustained bodily injury, increase the offense level according to the seriousness of the injury:

DEGREE OF BODILY INJURY INCREASE IN LEVEL

(A) Bodily Injury add 2

(B) Serious Bodily Injury add 4

(C) Permanent or Life-Threatening Bodily Injury add 6

(D) If the degree of injury is between that

specified in subparagraphs (A) and (B), add 3 levels; or

(E) If the degree of injury is between that

specified in subparagraphs (B) and (C), add 5 levels.

Provided, however, that the cumulative adjustments from application

of paragraphs (2) and (3) shall not exceed 11 levels.

(4) (A) If any person was abducted to facilitate commission of the offense

or to facilitate escape, increase by 4 levels; or (B) if any person’s freedom of movement was restricted through physical contact or confinement, such as by being tied, bound, or locked up, to facilitate commission of the offense or to facilitate escape, increase by 2 levels.

(5) If the offense involved carjacking, increase by 2 levels.

(6) If a firearm, destructive device, or controlled substance was taken, or

if the taking of such item was an object of the offense, increase by

1 level.

(7) If the loss exceeded $20,000, increase the offense level as follows:

LOSS (APPLY THE GREATEST) INCREASE IN LEVEL

(A) $20,000 or less no increase

(B) More than $20,000 add 1

(C) More than $95,000 add 2

(D) More than $500,000 add 3

(E) More than $1,500,000 add 4

(F) More than $3,000,000 add 5

(G) More than $5,000,000 add 6

(H) More than $9,500,000 add 7.

(c) Cross Reference

(1) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 had such killing taken place within the

territorial or maritime jurisdiction of the United States, apply §2A1.1

(First Degree Murder).

Commentary

Statutory Provisions: 18 U.S.C. §§ 1951, 2113, 2114, 2118(a), 2119. For additional statutory provision(s), see Appendix A (Statutory Index).

Application Notes:

1. Definitions.—“Firearm,” “destructive device,” “dangerous weapon,” “otherwise used,”

“brandished,” “bodily injury,” “serious bodily injury,” “permanent or life-threatening

bodily injury,” and “abducted” have the meaning given such terms in the Commentary to

§1B1.1 (Application Instructions).

“Carjacking” means the taking or attempted taking of a motor vehicle from the person or presence of another by force and violence or by intimidation.

2. Dangerous Weapon.—Consistent with Application Note 1(E)(ii) of §1B1.1 (Application Instructions), an object shall be considered to be a dangerous weapon for purposes of subsection (b)(2)(E)

if (A) the object closely resembles an instrument capable of inflicting death or serious bodily injury; or (B) the defendant used the object in a manner that created the impression that the object

was an instrument capable of inflicting death or serious bodily injury (e.g., a defendant wrapped

a hand in a towel during a bank robbery to create the appearance of a gun).

3. Definition of “Loss”.—“Loss” means the value of the property taken, damaged, or destroyed.

4. Cumulative Application of Subsections (b)(2) and (b)(3).—The combined adjustments for

weapon involvement and injury are limited to a maximum enhancement of 11 levels.

5. “A Threat of Death”.—“A threat of death,” as used in subsection (b)(2)(F), may be in the form

of an oral or written statement, act, gesture, or combination thereof. Accordingly, the defendant

does not have to state expressly his intent to kill the victim in order for the enhancement to

apply. For example, an oral or written demand using words such as “Give me the money or I will

kill you”, “Give me the money or I will pull the pin on the grenade I have in my pocket”, “Give

me the money or I will shoot you”, “Give me your money or else (where the defendant draws his

hand across his throat in a slashing motion)”, or “Give me the money or you are dead” would

constitute a threat of death. The court should consider that the intent of this provision is to

provide an increased offense level for cases in which the offender(s) engaged in conduct that

would instill in a reasonable person, who is a victim of the offense, a fear of death.

Background: Possession or use of a weapon, physical injury, and unlawful restraint sometimes occur

during a robbery. The guideline provides for a range of enhancements where these factors are present.

Although in pre-guidelines practice the amount of money taken in robbery cases affected sentence length, its importance was small compared to that of the other harm involved. Moreover, because

of the relatively high base offense level for robbery, an increase of 1 or 2 levels brings about a considerable increase in sentence length in absolute terms. Accordingly, the gradations for property loss

increase more slowly than for simple property offenses.

The guideline provides an enhancement for robberies where a victim was forced to accompany

the defendant to another location, or a victim’s freedom of movement was restricted through physical

contact or confinement, such as by being tied, bound, or locked up.