U.S. v. CRUZ

No. 96-1325.

106 F.3d 1134 (1997)

UNITED STATES, Appellee, v. Andre CRUZ, a/k/a Anthony Torres, a/k/a Anthony Zayas, Andre Cruz, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 13, 1997.


Attorney(s) appearing for the Case

Thomas R. Quinn (argued), Philadelphia, PA, for Appellant.

Michael R. Stiles, United States Attorney, Walter S. Batty, Jr., Assistant United States Attorney, Chief of Appeals, J. Alvin Stout, III, Assistant United States Attorney, Robert K. Reed (argued), Assistant United States Attorney, Philadelphia, PA, for Appellee.

Before: BECKER, MANSMANN, and GREENBERG, Circuit Judges.


OPINION OF THE COURT

BECKER, Circuit Judge.

The sentencing appeal of defendant Andre Cruz, following his conviction pursuant to a plea of guilty to carjacking, 18 U.S.C. § 2119, requires us to construe two facets of the vulnerable victim provisions of § 3A1.1(b) of the Sentencing Guidelines. First, we must determine whether the vulnerable victim enhancement applies to harm caused by the defendant to someone who was not the victim of the offense...

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