[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 14

- 11248 Non

- Argument Calendar

________________________ D.C . Docket No. 9:11

- cr - 80078

- DMM

UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus KERBY AURELHOMME, WINSKY MONDESTIN, Defendants

- Appellants.

________________________ Appeal s from the United States District Court for the Southern District of Florida

________________________ ( January 16, 2015 ) Before MARTIN , JORDAN and JI LL PRYOR , Circuit Judges.
PER CURIAM:

Case: 14-11248 Date Filed: 01/16/2015 Page: 1 of 62 Kerby Aurelhomme and Winsky Mondestin challenge their 240

- month sentences of imprisonment, imposed after their convictions for Hobbs Act r obbery, conspiracy to commit Hobbs Act robbery , and making false statements o f material fact to investigators

. Aurelhomme argues that the district court erred under Alleyne v. United States , 570 U.S. ___, 133 S. Ct. 2151 (2013), by applying a
firearms enhancement based on facts not found by a jury

. He also argues that the district court clearly erred by finding that the discharge of a firearm was reasonably foreseeable , and that a victim w as abducted

— two findings that led to further enhancements of his sentence

. Mondestin argues that the district co urt clearly erred by finding that the discharge of a firearm and the victim’s injuries were reasonably foreseeable

— two findings that led to enhancements of his sentence

. After careful review of the record, we affirm.
I. We review de novo claims of Alleyne error . United States v. King , 751 F.3d 1268, 1279 (11th Cir.) (per curiam) , cert. denied , 574 U.S. ___ , 135 S. Ct. 389 ( 2014 ). In Alleyne , the Supreme Court concluded that a fact is an element of the offense that must be found by a jury if it increases the range of sent ences authorized by statute. 570 U.S. at _

_ _, 133 S. Ct. at 2162

. Following Alleyne , this Court has held that a district court may make guidelines calculations based on judicial factfindings so long as those findings do not increase the statutory

Case: 14-11248 Date Filed: 01/16/2015 Page: 2 of 63 minimum or maximum authorized by facts determined in a guilty plea or jury verdict

. United States v. Charles , 757 F.3d 1222, 1225 (11th Cir. 2014).
The district court’s finding that a firearm was d ischarged during the robbery did not increase the statutory minimum or maximum for any of Aurelhomme’s convictions. Enhancing his sentence based on this judicial fact finding was
therefore not Alleyne error. II. Defendants challenge several other enhancements based on judicial fact findings. We review the district court’s fact findings for clear error, its application of the guidelines t o the facts with due deference, United States v. Garcia

- Sandobal , 703 F. 3d 1278, 1282 (11th Cir. 2013 ), and its de terminations of the applicable guidelines range de novo , United States v. McCrimmon , 362 F.3d 725, 728 (11th Cir. 2004) (per curiam) . W hen a defendant challenges the factual basis of his sentence, the government must prove disputed fact s by a preponderance of the evidence. United States v. Aguilar

- Ibarra , 740 F.3d 587, 592 (11th Cir. 2014) (per curiam)

. The district court must make independent fact findings supporting its guidelines calculation s . United States v. Hamaker , 455 F.3d 1316, 1338 (11th Cir. 2006). Its findings may be based on evidence heard at trial, u ndisputed statements in the PSR , or evidence presented at sentencing

. Id.

Case: 14-11248 Date Filed: 01/16/2015 Page: 3 of 64 III.
A. First, both defendants challenge the district court’s application of a seven level enhancem ent because a firearm was discharge d during the robbery. See United States Sentencing Guideline § 2B3.1(b)(2)(A). When a defendant is a party
in a criminal conspiracy , he is accountable for any conduct of his co conspirators that is in furtherance of and reasonably foreseeable in connection with the jointly undertaken criminal activity

. United States v. Isaacson , 752 F. 3d 1291, 1305 (11th Cir. 2014). An act is reasonably foreseeable if it is a “n ecessary or natural
consequence of the unlawful agreement

. ” United States v. Cover , 199 F.3d 1270, 1275 (11th Cir. 2000) (per curiam) , superseded by regulation on other grounds as noted in United States v. Diaz , 248 F.3d 1065, 1107 (11th Cir. 2001). Reasonably
foreseeable acts may include those not expressly agr eed to by the conspirators. Id. The district court did not clearly err by finding that the discharge of a firearm by defendants’ co conspirator was reasonably foreseeable to them

. Undisputed statements from the PSR show that defendants worked for a company that transported money and other valuables in armored vehicles. Before robbing one of those vehicles, they planned the robbery by discussing its security features with their supervisor , and by making at least twenty phone calls to each other on the morning of the robbery. Aurelhomme work ed as an armored vehicle driver , so

Case: 14-11248 Date Filed: 01/16/2015 Page: 4 of 65 he and his coconspirators should have known that the guard in the vehicle was usually armed. T he discharge of a firearm is a n ecessary or natural consequence of robbing an armored vehicle because an armored vehicle is usually guarded by armed personnel. Further, discharging a firearm is assaultive conduct, which is foreseeable given the nature of a robbery. USSG § 1B1.3 cmt. n.2. A pplying the
firearm

- discharge enhancement was not error.
B. Second, Aurelhomme challenges the district court’s application of a four

level enhancement because a person was abducted to facilitate the robbery

. See id. § 2B3.1(b)(4). An abduction occurs when a victim is forced to accompany an offender to a different location. Id. § 1B1.1 cmt. n.1(A)

. The district court did not clearly err by finding that a guard in the armored vehicle was abducted to facilitate the robbery

. The victim testified that he was thrown into the rear of the armored vehicle, and that his assailant forced him onto the floor as the vehicle was driven away . The abduction facilitated the robbery because the money in the vehicle was unloaded at the destination

. Applying the abduction enhancement was not error.
C. Finally, Mondestin challenges the district court’s application of an enhancement because a victim of the robbery suffered a bodily injury

. See id.

Case: 14-11248 Date Filed: 01/16/2015 Page: 5 of 66 § 2B3.1(b)(3). A defendant is accountable for all harm

— including bodily injury, id. § 1B1.3 cmt. n.4

— resulting from his own acts and from reasonably foreseeable
acts of others in furtherance of a jointly undertaken criminal activity , i d. § 1B1.3(a)(3)

. The district court did not clearly err by finding that Mondestin was accountable for the gunshot wound and heart attack that the victim suffered during the robbery. Mondestin was accountable for the gunshot wound because it resulted from his co conspirator’s discharge of a firearm , which was reasonably foresee able
to Mondestin

. See id. § 1B1.3(a)(3). And he was accountable for the heart attack
because it resulted from his coconspirator’s assault of the victim , which was reasonably foreseeable conduct during a robbery. See i d. § 1B1.3 cmt. n.2 ; see also 18 U.S.C. § 1951(b)(1) ( Hobbs Act robbery requires the use of actual or threatened force, vi olence, or fear of injury to a person, his property , or the person or property of a relative or family member or anyone in his company at the time )

. Applying the injury enha ncement to Mondestin’s sentence was not error.
AFFIRMED. Case: 14-11248 Date Filed: 01/16/2015 Page: 6 of 6