U.S. v. Durham

Dist. Ct. did not err in sentencing two defendants on attempted bank robbery charges when applying bodily injury enhancement under section 2B3.2(b)(4)(A) of USSG, even though defendants claimed that applicable victim required for said enhancement was either bank or U.S govt. Dist. Ct. could properly find that individual, who sustained injuries when kidnapped by defendants, was "victim" for purposes of enhancement where said individual was used by defendants to obtain ransom from bank. Dist. Ct. erred, though, in sentencing third defendant to 170-month term of incarceration on attempted bank robbery charge based in part on erroneous finding that defendant's prior convictions concerned gun-related charges. Ct., though, rejected said defendant's unrelated argument that Dist. Ct. should have considered defendant's mental impairment as mitigating factor where defendant had failed to raise said argument in Dist. Ct.