U.S. v. Brazier

Dist. Ct. erred in imposing 10-year mandatory minimum sentence on defendant’s convictions under 18 USC section 924(c) for discharging firearm in furtherance of crime of violence, since defendants’ underlying kidnapping and ransom offenses did not qualify as crimes of violence under elements clause of section 924(c), and since residual clause of said section was unconstitutionally vague. Dist. Ct. did not err in applying 4-level enhancement under section 2A4.1(b)(2)(A) of USSG with respect to two other defendants, where Dist. Ct. could properly find that defendants’ shooting of victim in arm, beating of victim in head repeatedly with firearms, pouring alcohol on gunshot wound and yanking said arm supported finding that victim sustained life-threatening injuries, where defendants denied victim medical care and subsequently beat him. Also, Dist. Ct. did not err in imposing $190,000 restitution on all three defendants, even though defendants claimed that their poverty would prevent them from paying said award, where Dist. Ct. could impose substantial, but likely symbolic order of restitution against all three defendants.