Appeal from the United States District Court for the Northern District of Ohio at Toledo.
No. 3:19-cr-00662-1—James G. Carr, District Judge.
Argued: October 27, 2021
Decided and Filed: June 29, 2022
Before: ROGERS, STRANCH, and DONALD, Circuit Judges.
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OPINION
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JANE B. STRANCH, Circuit Judge. David Ziesel pleaded guilty to bank robbery, and
was sentenced to 46 months’ imprisonment. In this appeal, Ziesel challenges the district court’s
application of a two-level enhancement for “physical restraint” under § 2B3.1(b)(4)(B) of the
United States Sentencing Guidelines (USSG or Guidelines). Because neither the plain language
of the Guidelines nor our case law supports application of the enhancement under the facts of
this case, we REVERSE and REMAND for resentencing without the enhancement. |