United States v. Hayme
Opinion of the Court
MEMORANDUM
Jacob Hayme, who pled guilty to several offenses stemming from his participation in a bank robbery, challenges his sentence on four independent grounds. We conclude that Hayme is entitled to a limited remand under United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc), but we affirm his sentence in all other respects.
Hayme first argues that the district court improperly enhanced his sentence based on two victims’ injuries. See U.S.S.G. § 2B3.1(b)(3)(A).
Nor did the district court err by increasing Hayme’s sentence for a co-conspirator’s carjacking. See U.S.S.G. § 2BS.l(b)(5). The court found that the robbers left one of their co-conspirators behind when they escaped. The court further found it to be reasonably foreseeable that this co-conspirator would seek another means of escape. These factual findings are not clearly erroneous, and the enhancement was properly given. See United States v. Franklin, 321 F.3d 1231, 1236 (9th Cir. 2003) (distinct court’s foreseeability findings reviewed for clear error). ;
Hayme disputes the enhancement of his sentence for physical restraint of a victim. See U.S.S.G. § 2B3.1(b)(4)(B). “When a dangerous weapon is used to force a person to move about, that person has been physically restrained just as surely as if he was grabbed by the collar and pulled along.” United States v. Thompson, 109 F.3d 639, 641 (9th Cir. 1997). The record indicates that several victims were restrained by a weapon “long enough for the robber to direct the victim into a room or order the victim to walk somewhere.” United States v. Parker, 241 F.3d 1114, 1118 (9th Cir. 2001). Moreover, the robbers physically restrained several victims, including one person who was pulled by the hair and pushed to the floor when he entered the bank.
Hayme also challenges his enhancement for “recklessly creating] a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer.” U.S.S.G. § 3C1.2. He claims that his actions were negligent, not reckless. But the district court did not clearly err in applying this enhaneemeht, given that
The district court sentenced Hayme prior to the Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 749-50, 160 L.Ed.2d 621 (2005). In light of Booker, we remand this sentence to the district court “to answer the question whether [Hayme’s] sentence would have been different had the court known that the Guidelines were advisory.” Ameline, 409 F.3d at 1079.
SENTENCE REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. All citations to the Federal Sentencing Guidelines refer to the version that became effective on November 1, 2002.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Jacob Travis HAYME, Defendant—Appellant
- Status
- Published