Sentencing – kidnapping — ransom

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing – kidnapping — ransom

Where a defendant convicted of kidnapping only demanded money from the victim and not a third party, his sentence could not be enhanced pursuant to U.S.S.G. 2A4.1(b)(1).

“We conclude instead that § 2A4.1(b)(1) may be applied only if kidnappers’ demands for “money or other consideration” reach someone other than the captured person. In reaching this conclusion we look first to the language of the guideline, which presupposes the existence of a third party. The adjustment applies if ‘a ransom demand or a demand upon government was made.’ U.S.S.G. § 2A4.1(b)(1) (emphasis added). Those are distinct actions, and yet the Sentencing Commission has chosen to group them together and treat them as equally culpable offenses. Since a ‘demand upon government’ cannot be made during a kidnapping without the communication of demands to people other than those held captive, we think that ‘ransom demand’ is fairly read to also include this third-party element. Section 2A4.1(b)(1) is a substantial1 adjustment, and additional punishment is warranted when demands reach third parties because those who are contacted will experience great stress and may attempt a rescue, escalating the threat of violence.”

Vacated and Remanded.

12-1206 U.S. v. Reynolds

Appeal from the United States District Court for the Northern District of Indiana, Lozano, J., Williams, J.