United States v. Ronald Thomas, 500 F. App'x 279

Three co-defendants Washington, Wilbourn, and Thomas pleaded guilty to aiding and abetting armed bank robbery and to a 924(c) count, without written plea agreements.
Probation determines two-level bodily-injury enhancement under § 2B3.1(b)(3)(A) based on Dorsey being punched in the face during the robbery.
Probation determines four-level abduction enhancement under § 2B3.1(b)(4)(A) based on moving bank employees to the vault at gunpoint.
At sentencing, Dorsey testified Washington punched her; she did not testify that the injury was painful or required medical attention.
The district court overruled objections, applying both enhancements, and sentenced Washington, Wilbourn, and Thomas; on appeal, defendants challenge the bodily-injury and abduction enhancements.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether bodily-injury enhancement is supported by evidence of injury	Washington argues no bodily injury	Dorsey’s nose injury not painful/obvious	Yes, enhancement sustained
Whether abduction enhancement applies to internal movement within bank	Washington/Thomas argue no abduction	Movement within bank cannot be ‘different location’	Yes, enhancement sustained

United States v. Guerrero, 169 F.3d 933 (5th Cir. 1999) (evidence of injury controls whether bodily-injury enhancement applies; some injuries may be obvious)
United States v. Hawkins, 87 F.3d 722 (5th Cir. 1996) (abduction movement within a building may constitute abduction)
United States v. Johnson, 619 F.3d 469 (5th Cir. 2010) (movement to facilitate offense can occur within same bank; flexible abduction standard)
United States v. Osborne, 514 F.3d 377 (4th Cir. 2008) (abduction may apply without removing victim from building)
United States v. Maiden, 606 F.3d 337 (7th Cir. 2010) (supports application of abduction where movement aids offense)
United States v. Jefferson, 258 F.3d 405 (5th Cir. 2001) (knot on head, cuts, bruises as injuries supporting bodily-injury)