Since the videotape of crime leaves no doubt as to what occurred, error for sentencing court to have held that the deft restrained the victims during the commission of the crime.
http://www.ca2.uscourts.gov/decisions/isysquery/ebd08708-88fc-4318-b2eb-94e7493863f0/2/doc/17-2702_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/ebd08708-88fc-4318-b2eb-94e7493863f0/2/hilite/
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.