Memorandum Opinion and Order

On June 23, 2003, the defendant, Keith Andrew Lilly, pled guilty to two counts of Aiding and Abetting in the Armed Robbery of a Mail Custodian, in violation of 18 U.S.C. §§ 2114(a) (2003).  The probation office then conducted a presentence investigation and prepared a Presentence Investigation Report (PSR).  The defendant made two objections to the PSR.  First, the defendant objected to the application of a six level increase to his base offense level made pursuant to § 2B3.1.(b)(2) of the United States Sentencing Guidelines.  United States Sentencing Commission, Guidelines Manual, § 2B3.1.(b)(2) (Nov. 2002) (USSG or Guidelines).  Under § 2B3.1.(b)(2), a defendant’s offense level is increased by six “if a firearm is otherwise used” in the commission of a robbery.  USSG § 2B3.1.(b)(2).  The court FINDS that the defendant “otherwise used” a firearm when he pointed a gun at the victim and used the gun to coerce and to threaten the victim.  See id. Therefore, the PSR correctly increased the defendant’s offense level by six.  See id.  Second, the defendant objected to the application of a two-level increase to Count One for “restraint of the victim.” USSG § 2B3.1.(b)(4)(B).  The court FINDS that the defendant’s act of pointing a gun at the victim during a robbery did not constitute “physical restraint” of the victim within the meaning of USSG § 2B3.1.(b)(4)(B).  Therefore, as to Count One, the PSR’s application of the two-level increase for physical restraint was incorrect.