U.S. v. Herman

Dist. Ct. erred in sentencing defendant to 120-month term of incarceration on unlawful possession of firearm by felon charge, where said sentence was based in part on 2-level physical restraint enhancement under section 2B3.1(b)(4)(B) of USSG based on fact that defendant held victim at gunpoint and then fled victim’s home. Enhancement required showing of some sort of physical restraint such as being tied up, bound or locked up, and State needed to show something more that defendant pointing gun at someone and ordering that person not to move in order to establish instant enhancement. (Dissent filed.)