green
Positive treatment
Quoted verbatim 1×
25.0 score
“thompson certainly checked free activity and otherwise controlled her actions. in short, he physically restrained her.”
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997
2011
2026
Top citers, strongest first. 22 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
United States v. Coleman
(2×)
also: Cited as authority (rule)
thompson certainly checked free activity and otherwise controlled her actions. in short, he physically restrained her.
discussed
Cited as authority (rule)
United States v. Paul
See United States v. Miera , 539 F.3d 1232 , 1236 (10th Cir. 2008) (enhancement applies where bank customers during robbery told at gunpoint not to move); United States v. Wallace , 461 F.3d 15 , 34-35 (1st Cir. 2006) (enhancement applies where one victim ordered not to move and defendant's co-conspirator blocked another victim's escape by jumping in front of her and ordering her to stop); United States v. Thompson , 109 F.3d at 641 (enhancement would apply where bank customer during robbery told at gunpoint to get on floor).
discussed
Cited as authority (rule)
United States v. Jaime Garcia
“By the use of the words ‘such as,’ it is apparent that ‘being tied, bound or locked up’ are listed by way of example rather than limitation.” Hickman, 151 F.3d at 461 (quoting United States v. Stokley, 881 F.2d 114, 116 (4th Cir. 1989)); accord United States v. Wallace, 461 F.3d 15, 33 (1st Cir. 2006); United States v. Thompson, 109 F.3d 639, 641 (9th Cir. 1997).
discussed
Cited as authority (rule)
United States v. Albritton
(2×)
A "sustained focus" on a victim exists when, at gunpoint, the victim is ordered into a *1108 back room, United States v. Nelson, 137 F.3d 1094, 1112 (9th Cir.1998), repeatedly forced to get down and get up, United States v. Thompson, 109 F.3d 639, 641 (9th Cir.1997), or forced to walk some distance (i.e., from the teller area to the vault area), id. (alternative holding).
cited
Cited as authority (rule)
United States v. Harris
See id. at 346-47; United States v. Jones, 32 F.3d 1512, 1519 (11th Cir. 1994); United States v. Thompson, 109 F.3d 639, 641 (9th Cir.1997).
discussed
Cited as authority (rule)
United States v. Crawford
(2×)
also: Cited "see"
“We review de novo the district court’s interpretation of the Guidelines, and its factual determinations for clear error,” United States v. Thompson, 109 F.3d 639, 640 (9th Cir.1997), and we affirm.
discussed
Cited as authority (rule)
United States v. James
James’s co-conspirator’s conduct of making the bank manager walk at gunpoint from her office to the teller line constitutes “physical restraint.” See United States v. Parker, 241 F.3d 1114, 1118 (9th Cir.2001); United States v. Thompson, 109 F.3d 639, 641-42 (9th Cir. 1997).
discussed
Cited as authority (rule)
United States v. Hayme
“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).
cited
Cited as authority (rule)
United States v. Snouffer
United States v. Thompson, 109 F.3d 639, 641 (9th Cir.1997).
discussed
Cited as authority (rule)
United States v. Lloyd
See Wilson, 198 F.3d at 472 (victim physically restrained by being prevented at gunpoint from leaving car until defendants took her money and got control of car); United States v. Thompson, 109 F.3d 639, 641 (9th Cir.1997) (defendant forced one victim to lie on floor and another victim to walk short distance at gunpoint).
discussed
Cited as authority (rule)
United States v. Chris Parker
(2×)
There is little doubt that this conduct constituted physical restraint, see United States v. Thompson, 109 F.3d 639, 641 (9th Cir.1997); the only question is whether this defendant is liable for the conduct.
discussed
Cited as authority (rule)
United States v. Drew, Wilbert Jerome
While the Ninth Circuit has decided that forcing someone to move by gunpoint constitutes physical restraint, see United States v. Thompson, 109 F.3d 639, 641 (9th Cir. 1997), no other circuit has found physical restraint without some type of confinement accompanying the forced movement at gunpoint.
examined
Cited as authority (rule)
United States v. Copenhaver
(4×)
also: Cited "see", Cited "see, e.g."
In fact, he may be even more restrained." Id. at 641.
discussed
Cited as authority (rule)
United States v. Michael Anglin
The only arguably contrary decision is United States v. Thompson, 109 F.3d 639 (9th Cir.1997), where the Ninth Circuit said the bank robber “either repeatedly forced [one victim] to get down on the floor and get up again at gunpoint, or he forced [a second victim] to walk from the teller area to the vault area at gunpoint.... [EJither one of those acts, standing alone, amounted to physical restraint of a victim.” Id. at 641 (emphasis added).
discussed
Cited as authority (rule)
United States v. Hickman
Even the recent Ninth Circuit case, United States v. Thompson, 109 F.3d 639, 641 (9th Cir.1997), which contained language indicating that physical restraint occurs anytime a victim has a gun pointed at her and is ordered to do something, involved the defendant forcing one victim to he down on the floor and forcing another to walk a short distance at gunpoint.
cited
Cited as authority (rule)
United States v. Nelson
This court rejected just such an argument in United States v. Thompson, 109 F.3d 639, 641 (9th Cir.1997) (noting that the commentary’s examples are “merely - illustrative”).
cited
Cited as authority (rule)
United States v. Ray Beshera Fisher
See id. at 346-47 ; United States v. Jones, 32 F.3d 1512, 1519 (11th Cir.1994); United States v. Thompson, 109 F.3d 639, 641 (9th Cir.1997).
cited
Cited "see"
United States v. Amos
See United States v. Thompson, 109 F.3d 639, 640 (9th Cir. 1997).
examined
Cited "see"
United States v. Brian Copenhaver
(3×)
also: Cited "see, e.g."
See 109 F.3d at 641 .
discussed
Cited "see"
UNITED STATES of America, Plaintiff-Appellee, v. Randy H. CHEE, Defendant-Appellant
(2×)
See United States v. Thompson, 109 F.3d 639 (9th Cir.1997) (holding that “no actual touching” is required to constitute restraint under the Sentencing Guideline when defendant pointed gun at victim).
cited
Cited "see, e.g."
United States v. Joshua Scheu
See, e.g., United States v. Thompson, 109 F.3d 639 , 641 (9th Cir. 1997) (noting examples such as being tied, bound, or locked up).
cited
Cited "see, e.g."
United States v. Joshua Scheu
See, e.g., United States v. Thompson, 109 F.3d 639 , 641 (9th Cir. 1997) (noting examples such as being tied, bound, or locked up).
Retrieving the full opinion text from the archive…
In Re William W. Shelley and Mary Shelley, Debtors. John T. Kendall, Trustee United States Trustee
v.
William W. Shelley Mary Shelley
v.
William W. Shelley Mary Shelley
95-16490.
Court of Appeals for the Ninth Circuit.
Mar 26, 1997.
Cited by 1 opinion | Published
In re William W. SHELLEY and Mary Shelley, Debtors.
John T. KENDALL, Trustee; United States Trustee, Appellants,
v.
William W. SHELLEY; Mary Shelley, Appellees.
No. 95-16490.
United States Court of Appeals,
Ninth Circuit.
Argued and Submitted March 5, 1997.
Decided March 26, 1997.
Margaret A. Zywicz, Law Offices of Reidun Stromsheim, San Francisco, CA, for appellants.
Edward S. Levinson, Oakland, CA, for appellees.
Appeal from the United States Bankruptcy Appellate Panel of the Ninth Circuit, Meyers, Ashland and Volinn, Judges, Presiding. BAP No. NC-94-2059-MAV.
Before REINHARDT, HALL, and THOMPSON, Circuit Judges.
ORDER
[*~639]1
The unpublished order filed on March 18, 1997, is hereby designated as a published order.
ORDER
[*~641]2
We adopt the reasoning of the Bankruptcy Appellate Panel, Shelley v. Kendall, 184 B.R. 356 (9th Cir. BAP 1995), and AFFIRM its opinion.