Dist. Ct. did not err in sentencing defendant to 114-month term of incarceration on attempted armed robbery charge, where said sentence was based, in part, on six-level enhancement under section 2B3.1(b)(2)(B) of USSG, where other individual involved in attempted robbery had "otherwise used" firearm. Defendant conceded that he aided and abetted attempted robbery of gas station by trying to open door of gas station while individual who had pulled gun on cashier attempted to leave gas station. Moreover, Dist. Ct. could properly impose enhancement, where there was evidence that defendant was in on other individual's plan to rob gas station, and that defendant continued to help other individual after said individual had brandished gun. Also, individual's use of firearm was within scope of plan to rob gas station and was foreseeable to defendant given details of attempted robbery, as well as defendant's and other individual's involvement in six armed robberies that had preceded instant charged offense.
Federal 7th Circuit Court
Criminal Court
Sentencing