In the 

United States Court of Appeals 

For the Seventh Circuit ____________________ 

Nos. 16-4258, 17-1060, 17-1412, 17-2268 & 17-2269 

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

v.

IVAN BRAZIER, 

LINDANI MZEMBE, and 

DEREK FIELDS, 

Defendants-Appellants. 

____________________ 

Appeals from the United States District Court for the 

Northern District of Indiana, South Bend Division. 

Nos. 15-cr-87-3, 15-cr-87-2, and 15-cr-87-1 — Robert L. Miller, Jr., Judge. 

____________________ 

ARGUED APRIL 5, 2018 — DECIDED AUGUST 12, 2019 

____________________ 

Before KANNE, ROVNER, and HAMILTON, Circuit Judges. 

HAMILTON, Circuit Judge. In the early hours of September 

8, 2015, in South Bend, Indiana, appellants Ivan Brazier, Derek 

Fields, and Lindani Mzembe kidnapped, shot, and ruthlessly 

beat Adrian Harris as he left his home. Charged with federal 

kidnapping and ęrearms crimes, the three defendants were 

tried and sentenced separately, but their appeals have been 

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consolidated. The defendants do not challenge their convictions for the underlying crimes of kidnapping or holding Harris for ransom, and the two defendants convicted of being felons in possession of ęrearms do not challenge those convictions. Defendants Fields and Mzembe were also convicted 

and sentenced under 18 U.S.C. § 924(c) for using and discharging ęrearms during a crime of violence. The district 

court complied with circuit law applicable at the time of its 

decisions. Later decisions by the Supreme Court and this 

court, however, require us to reverse Fields’ and Mzembe’s 

convictions and sentences under § 924(c). We also conclude 

both of their cases should be remanded for resentencing. 

Those defendants have raised other challenges to their sentences that either are moot in light of our decision on the 

§ 924(c) charges or fail to show any error or abuse of discretion by the district court. We also aĜrm Brazier’s sentence. 

I. Factual Background and Procedural History

A. Shooting, Kidnapping, and Ransom Demands 

Around 3:30 a.m. on September 8, 2015, Ivan Brazier, 

Derek Fields, and Lindani Mzembe aĴacked Adrian Harris as 

he approached his car, which was parked in front of his home. 

The defendants demanded money from Harris and beat him 

with their guns. While picking Harris up from the ground, 

one defendant accidentally shot him. The bullet broke apart 

in Harris’s arm. Part of it went through his arm, and other bits 

lodged in his elbow. 

The defendants drove Harris and his car to Brazier’s house 

where they used duct tape to bind, blindfold, and gag him. At 

Brazier’s, the defendants continued to pistol-whip Harris and 

demanded money. Nearly three hours into the kidnapping, 

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the defendants forced Harris to call his sister and ask for a 

ransom. He said, “I need some money, they got me.” His sister collected roughly $3,000 from friends and delivered it to a 

house near Brazier’s. As two of the defendants went to get the 

ransom, Brazier continued to beat Harris, kicking him, pouring alcohol on his wounds, and twisting his injured arm. 

When the other two returned, the defendants demanded 

more money from Harris and continued to torture him. Harris 

again called his sister, pleading, “Please, Sis. Hurry up. Hurry 

up. I can’t take it anymore.” 

After the second telephone call, Harris had trouble breathing because of his broken nose and swollen mouth. One attacker noticed Harris taking irregular breaths and became 

concerned that he would die in the house. Hearing this, Harris thought he might have a way out. He began “breathing 

funny” on purpose, and one defendant said, “He can’t die in 

here.” The defendants decided to drop him in an alley. They 

cut the duct tape from his hands and feet but kept him blindfolded. Harris asked a man on the street to help. Police were 

dispatched at 8:53 a.m. They arrived, and an ambulance took 

Harris to a hospital. 

Less than one hour before the defendants released Harris, 

a police oĜcer had received a tip from a conędential informant that Fields had kidnapped someone. As police gathered 

more information on the kidnapping, the oĜcer who received 

the tip saw a car drive in front of him with Fields and Mzembe 

riding as passengers around 9:00 a.m. The oĜcer stopped the 

car and detained its passengers. The driver—not Fields or 

Mzembe—agreed to allow the police to search the car. They 

found a pair of bloody gloves, Harris’s car keys, and a black 

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mask. The police also obtained a search warrant for Brazier’s 

residence. 

B. Trials and Sentencing 

A federal grand jury indicted the defendants on charges of 

kidnapping, making a ransom demand, possessing a ęrearm 

in furtherance of a crime of violence, and being felons in possession of ęrearms. See 18 U.S.C. § 875(a) (ransom demand); 

§ 922(g)(1) (felon in possession of ęrearm); § 924(c)(1)(A)(iii) 

(possessing ęrearm during and in furtherance of crime of violence); § 1201 (kidnapping). In three separate trials, juries 

convicted Fields and Mzembe on all counts and convicted 

Brazier on only the kidnapping and ransom charges. 

Brazier was tried and sentenced ęrst. One issue under the 

Sentencing Guidelines was how to categorize Harris’s injuries 

under U.S.S.G. §2A4.1(b)(2)(A), which adds four levels for 

“permanent or life-threatening bodily injury,” two levels for 

“serious bodily injury,” or three levels for something in between. Brazier argued that he should not receive a four-level 

enhancement because the injury Harris suěered was not permanent or life-threatening. The court overruled the objection, 

explaining that the defendants had denied Harris medical 

care for his serious injuries and applying a four-level increase. 

The court sentenced Brazier to a total of 444 months in prison, 

with consecutive prison terms of 240 months for kidnapping 

and 204 months for demanding a ransom. 

The court sentenced Mzembe to a total of 528 months in 

prison. The sentence included a combined 408 months for kidnapping, demanding a ransom, and being a felon in possession of a ęrearm. The court then added a mandatory 

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consecutive term of 120 months (ten years) under § 924(c) for 

discharging a ęrearm in furtherance of a crime of violence. 

The court sentenced Fields to a total of 656 months in 

prison, with 536 months for the kidnapping, ransom, and 

felon-in-possession charges, plus a mandatory consecutive 

term of 120 months for his § 924(c) conviction. In imposing 

the 536-month prison term, the court applied a two-level enhancement under § 2A4.1(b) because “a dangerous weapon 

was used” in the crime. 

The district court also ordered all three defendants to pay 

more than $190,000 in restitution for Harris’s injuries.1 The 

court held Fields, Mzembe, and Brazier jointly and severally 

liable for that amount. Mzembe and Brazier objected to restitution under the Mandatory Victim Restitution Act on the theory that kidnapping is not a “crime of violence” subject to that 

Act. The district court accepted this argument but decided to 

order restitution under the Victim and Witness Protection 

Act, 18 U.S.C. § 3663. 

II. Analysis

The parties have briefed and argued a number of issues. 

Developments since the district court’s sentencings and our 

oral argument have reduced the number we must decide. 

First, we reverse the § 924(c) convictions and sentences for 

Mzembe and Fields because recent precedents establish that 

the underlying oěenses do not qualify categorically as crimes 

of violence under that provision. We then reject two Sentencing Guideline challenges. Brazier alone argues that the district 

 

1 Of the total restitution amount, the court held that the first $61,491 

should be paid to Harris himself, with any additional funds paid to insurers who paid for his health care and related costs. 

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court erred in applying the guideline enhancement for lifethreatening or permanent bodily injury. Fields’ challenge to 

the guideline enhancement for possessing a ęrearm is undermined by our reversal of his § 924(c) sentence. Finally, we afęrm the district court’s restitution orders against all three defendants. 

A. Section 924(c), Kidnapping, and Crimes of Violence

Fields and Mzembe challenge their convictions under 

§ 924(c). That statute imposes a series of escalating mandatory 

minimum sentences for “any person who, during and in relation to any crime of violence ... uses or carries a ęrearm ....” 

18 U.S.C. § 924(c)(1)(A). Section 924(c)(3) provides two alternative tests for a crime of violence: 

For purposes of this subsection the term “crime 

of violence” means an oěense that is a felony 

and— 

(A)has as an element the use, aĴempted use, or 

threatened use of physical force against the 

person or property of another, or 

(B) that by its nature, involves a substantial risk 

that physical force against the person or 

property of another may be used in the 

course of commiĴing the oěense. 

Subparagraphs (A) and (B) have become known more commonly as the “elements clause” and the “residual clause,” respectively. Fields and Mzembe argue that they cannot be sentenced under § 924(c) since their kidnapping and ransom offenses do not categorically qualify as crimes of violence under 

the elements clause and because the residual clause is unconstitutional. 

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Fields and Mzembe did not raise this argument at the time 

of their trials, so we review for “plain error.” Plain-error review requires the defendants to show (1) an error that has not 

been intentionally waived; (2) that the error was “plain—that 

is to say, clear or obvious;” (3) that the error “aěected the defendant’s substantial rights;” and (4) that the error “seriously 

aěects the fairness, integrity, or public reputation of judicial 

proceedings.” Molina-Martinez v. United States, 136 S. Ct. 1338, 

1343 (2016) (internal quotation marks omiĴed); United States 

v. Olano, 507 U.S. 725, 73238 (1993). 

The defendants did not intentionally waive this argument, 

so we proceed to the second requirement that the error be 

plain. That inquiry asks whether the error is plain at the time 

of appellate consideration. Henderson v. United States, 568 U.S. 

266, 279 (2013). In United States v. Davis, 139 S. Ct. 2319 (2019), 

the Supreme Court resolved a circuit split and held that the 

residual clause in the § 924(c) deęnition of a crime of violence 

is unconstitutionally vague, so the defendants’ convictions 

cannot be upheld on that basis. The other way to satisfy 

§ 924(c) is the elements clause, but we explained in United 

States v. Jenkins that kidnapping and holding a person for ransom does not categorically satisfy the elements clause. 849 

F.3d 390, 393 (7th Cir. 2017). In short, kidnapping may be accomplished without force, by “inveigling” or “decoying” a 

person without a threat of force, and by holding the person 

simply by locking him or her in a room, again without threat 

of violence. Id., quoting 18 U.S.C. § 1201(a).2 

 2 The 2017 decision in Jenkins was vacated by the Supreme Court and 

remanded for further consideration of the residual clause issue in light of 

Sessions v. Dimaya, 138 S. Ct. 1204 (2018). That issue was ultimately resolved by the Supreme Court in Davis, and these later developments do 

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Under the categorical method of analysis that applies to 

both the elements and residual clauses of the deęnition of 

crimes of violence in 18 U.S.C. § 924(c), Mzembe’s and Fields’ 

convictions for kidnapping and demanding ransom cannot 

support the mandatory consecutive sentences imposed under 

§ 924(c). The categorical method focuses on the essential elements of the counts of conviction, requiring courts in essence 

to focus on the least culpable conduct that could violate the 

relevant statutes, without considering the actual facts of the 

defendants’ conduct. In resentencing Mzembe and Fields on 

the remaining charges, however, the district court will of 

course be free to consider their actual conduct in exercising its 

judgment and discretion under 18 U.S.C. § 3553(a). 

Mzembe and Fields ask that we limit any remand to vacating only the sentences for the § 924(c) convictions, leaving intact the sentences for the underlying oěenses. That would effectively cut ten years from Mzembe’s and Fields’ sentences 

without giving the district court the opportunity to reconsider 

any other aspects of their cases. Sentences for multiple offenses are generally treated as “packages,” so that when part 

of the package is removed on appeal, the district court may 

reconsider the overall sentencing package on remand. Pepper 

v. United States, 562 U.S. 476, 507 (2011), quoting United States 

v. White, 406 F.3d 827, 832 (7th Cir. 2005); see also United States 

v. Barnes, 660 F.3d 1000, 1007 (7th Cir. 2011); United States v. 

 

not cast any doubt on the Jenkins analysis of the elements clause as applied 

to kidnapping and ransom offenses. See United States v. Jackson,—F.3d—, 

2019 WL 3423363 (7th Cir. July 30, 2019) (deciding Jenkins’ appeal and related cases in wake of Supreme Court decision in Davis, ordering resentencing without § 924(c) sentences). We have held these appeals for decision until the Supreme Court resolved the issue decided in Davis. 

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Rivera, 327 F.3d 612, 614–15 (7th Cir. 2003); United States v. 

Shue, 825 F.2d 1111, 1114 (7th Cir. 1987). 

Mzembe and Fields argue that the general “package” rule 

should not apply here because of another feature of circuit 

law that has been overruled by the Supreme Court since they 

were sentenced. Before 2017, our circuit precedent held that a 

judge sentencing a defendant for a § 924(c) oěense and other 

related oěenses was not permiĴed to take into account the 

mandatory consecutive sentence under § 924(c) when deciding the sentence on the other oěenses. United States v. Roberson, 474 F.3d 432, 437 (7th Cir. 2007) (prohibiting discounts 

based on § 924(c) sentence in sentences for other convictions). 

The district court said here that it was complying with that 

rule when it sentenced Fields and Mzembe on the kidnapping, ransom, and felon-in-possession convictions. In Dean v. 

United States, however, the Supreme Court eěectively abrogated our holding in Roberson and held that a sentencing court 

is not prevented from considering a mandatory minimum 

sentence under § 924(c) when deciding the sentence for underlying oěenses. 137 S. Ct. 1170, 1178 (2017). Dean held, in 

essence, that § 924(c) does not prevent the sentencing judge 

from considering multi-count sentences as a package. 

Fields and Mzembe argue that because the district judge 

complied with the now-abrogated Roberson rule, there is no 

need for him to take a fresh look at their sentences on the underlying oěenses. The argument has logical force, to the eěect 

that two errors (each made by complying with controlling law 

at the time) oěset one another, so that a simple subtraction of 

120 months from their total sentences will ęx the problem entirely. Complicating maĴers, though, reversal of the § 924(c) 

convictions means that the two-level Sentencing Guideline 

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enhancement under U.S.S.G. § 2A4.1(b)(3) for use of a dangerous weapon can properly apply to Fields and Mzembe. And 

complicating maĴers still further, the district court did not apply that enhancement to Mzembe but did apply it to Fields. 

At the time of sentencing, it was an error to apply it to Fields 

in light of the § 924(c) conviction and sentence. Under U.S.S.G. 

§ 2K2.4, cmt. n.4, courts should not impose a weapons enhancement on an underlying crime when the defendant has 

also been convicted under § 924(c). Now that the § 924(c) convictions and sentences are being vacated, however, the discrepancy is reversed: that enhancement will now apply to 

both Fields and Mzembe. Looking at the situation in its entirety, we conclude that there have been enough changes in 

the legal sentencing frameworks that apply to both Fields and 

Mzembe that complete resentencing for both defendants is 

the appropriate course here.3

B. Sentencing Guideline Issues

1. Life-Threatening Injury Enhancement for Brazier

Next, we consider the district court’s application of two 

guideline enhancements the district court applied to Brazier 

and Fields at sentencing. In applying the Sentencing Guideline for kidnapping, the district judge applied a four-level sentencing enhancement under U.S.S.G. § 2A4.1(b)(2)(A), ęnding 

that Harris suěered a life-threatening bodily injury. Brazier 

argues that he should have received only a two- or three-level 

enhancement because Harris’s injuries were not actually life-

 3 Because the convictions under § 924(c) cannot stand in the wake of 

Davis and Jenkins, we need not address defendants’ arguments that the 

district court erred under Alleyne v. United States, 570 U.S. 99 (2013), and 

Dean v. United States, 137 S. Ct. 1170 (2017). 

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threatening. The judge’s characterization of those injuries as 

life-threatening at sentencing was a factual ęnding that we review for clear error. United States v. Snyder, 865 F.3d 490, 499 

(7th Cir. 2017). 

The district court did not clearly err in ęnding that Harris’s injuries were life-threatening. The Guidelines deęne a 

life-threatening injury in a way that focuses on the dangers 

posed by kidnapping, and which was realized here: 

“Permanent or life-threatening bodily injury” 

means injury involving a substantial risk of 

death; loss or substantial impairment of the 

function of a bodily member, organ, or mental 

faculty that is likely to be permanent; or an obvious disęgurement that is likely to be permanent. In the case of a kidnapping, for example, maltreatment to a life-threatening degree (e.g., by denial 

of food or medical care) would constitute life-threatening bodily injury. 

U.S.S.G. 1B1.1, cmt. n.1(K) (2018) (emphasis added). Under 

this deęnition, the enhancement in § 2A4.1(b)(2)(A) can apply 

even if the injuries inĚicted on the victim would not, if 

properly treated, cause death on their own. The enhancement 

can also apply when defendants have inĚicted serious harm 

and have exacerbated those injuries to create a risk of death 

by denying a victim medical treatment for those injuries. 

The facts in this case would not necessarily have required 

the full four-level enhancement, but they provide suĜcient 

support for the district court’s factual ęnding that it should 

apply. One defendant shot Harris in the arm. The defendants 

then beat Harris on the head, repeatedly and with their guns, 

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and kicked him as he lay helpless and bound on the Ěoor. 

They aggravated his gunshot wound by pouring alcohol on it 

and yanking on his injured arm. After this abuse, Harris “got 

to breathing funny,” and only after one of the defendants said, 

“He can’t die in here” did they release him. Even though the 

defendants thought Harris might be dying, they did not take 

him to a hospital. Instead, they dumped him in an unfamiliar 

alley. The person who called for emergency help for Harris 

described his appearance: “He was drenched in blood. ... 

[H]is shirt was all covered and everything. ... He was kind of 

just walking around in a daze.” Harris’s blood was found in 

Brazier’s kitchen on the Ěoor, wall, and refrigerator. 

Given the denial of medical care to the gunshot wound, 

the beatings, Harris’s trouble breathing, and the blood found 

covering his body as well as at several scenes and on items 

found by investigators, the district court made the reasonable 

determination that Harris sustained life-threatening injuries.4 

Brazier contests none of these facts, but he argues in eěect 

that Harris’s injury could have been worse. He also cites cases 

showing that the lines between the diěerent-level enhancements under similar guideline provisions for diěerent levels 

of injury are not sharp and that appellate courts stick to the 

deferential review of such ęndings under the clear-error 

standard. E.g., United States v. Eubanks, 593 F.3d 645, 651–52 

(7th Cir. 2010) (aĜrming district court’s assessment of 

 

4 On this record, the judge could have found in the alternative that 

Harris suffered permanent injury, which the Guidelines treat the same as 

a life-threatening injury. The defendants not only shot Harris, they also 

aggravated the injury considerably. And at the time of Brazier’s trial, ten 

months after the kidnapping, Harris still could not use or straighten his 

arm. 

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severity); United States v. Samuels, 521 F.3d 804, 816 (7th Cir. 

2008) (same, collecting cases, all but one of which aĜrmed 

district court ęndings). These cases do not show, as Brazier 

argues, that Harris’s injuries must be characterized as serious 

rather than life-threatening. If the district court had used a 

two- or three-level enhancement, that might also have been a 

reasonable application of the Guidelines, but the district court 

did not clearly err in applying four levels, particularly in light 

of the defendants’ denial of medical care to their kidnapping 

victim. The court’s factual ęndings are suĜcient to support 

the enhancement, and those ęndings fall squarely in the province of the district court. 

2. Dangerous-Weapon Enhancement for Fields

As noted above, in sentencing Fields, the district court applied a two-level guideline enhancement because “a dangerous weapon was used” during the crime. U.S.S.G. 

§ 2A4.1(b)(3). Fields challenges this enhancement because an 

application note directs courts not to apply “any specięc offense characteristic for possession, brandishing, use, or discharge of an explosive or ęrearm” when a sentence is imposed 

under § 924(c). U.S.S.G. § 2K2.4, cmt. 4. Because Fields failed 

to object to this enhancement at sentencing, we would review 

for plain error. Rosales-Mireles v. United States, 138 S. Ct. 1897, 

1904 (2018). Because Fields has prevailed in having his conviction and sentence under § 924(c) reversed, however, the instruction in comment 4 no longer applies and will not prohibit 

application of the enhancement upon resentencing. 

C. Order of Restitution

Finally, all three defendants challenge the judge’s decision 

to order restitution because they are indigent. Brazier raises 

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alone a separate issue, a challenge to the district court’s decision to hold the three defendants jointly and severally liable 

for the entire amount of restitution. Brazier and Mzembe objected to the order in the district court, but Fields did not. We 

review restitution imposed under 18 U.S.C. § 3663 for abuse 

of discretion, but when a defendant like Fields has forfeited 

an argument in district court, we review the district court’s 

decision for plain error. United States v. Robers, 698 F.3d 937, 

941 (7th Cir. 2012) (abuse of discretion standard); United States 

v. Dokich, 614 F.3d 314, 318 (7th Cir. 2010) (plain error). We 

need not dwell on the defendants’ diěerent approaches in the 

district court or the higher bar for plain-error review for this 

issue. The district court did not act contrary to law or abuse 

its discretion in imposing restitution, with joint and several 

liability, on all three defendants.5 

The defendants contend that the district court abused its 

discretion by not adequately considering their “ęnancial resources,” “ęnancial needs,” and “earning ability” as required 

by § 3663(a)(1)(B) before imposing restitution. As defendants 

acknowledge, however, the district court considered in depth 

their ęnancial resources. The court expressly recognized it is 

unlikely they would pay the restitution in full. The court 

chose to order restitution despite their poverty. 

The decision to impose restitution despite the defendants’ 

likely inability to pay was within the district court’s discretion 

under § 3663. The court noted that it was not “impossible that 

 

5 The government asks that we affirm the district court’s decision under the Mandatory Victim Restitution Act, 18 U.S.C. § 3663A, which makes 

restitution mandatory for crimes of violence. We do not reach this issue 

because the judge did not abuse his discretion in ordering restitution under § 3663. 

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either might win the loĴery” and that, in that case, each defendant should “have to share that good fortune with the man 

he shot, beat, bound and ransomed in 2015.” The defendants 

point to several cases that discouraged imposing restitution 

on indigent defendants. See, e.g., United States v. Jaroszenko, 92 

F.3d 486 (7th Cir. 1996); United States v. Lampien, 89 F.3d 1316 

(7th Cir. 1996). The problem with defendants’ reliance on 

these cases is one we acknowledged in United States v. Day, 

418 F.3d 746 (7th Cir. 2005): the Mandatory Victim Restitution 

Act changed the calculus in these earlier cases because it 

amended the Victim and Witness Protection Act provisions at 

issue in this case. Section 3664(f)(1)(A) now orders courts imposing restitution to order restitution for “the full amount of 

each victim’s losses as determined by the court and without 

consideration of the economic circumstances of the defendant.” We explained in Day that the amendment made clear 

that “the law should be concerned ęrst with the victim’s right 

to full restitution and the defendant’s concomitant recognition of the duty to pay full restitution, albeit a largely symbolic one.” 418 F.3d at 758. 

Judge Miller took notice here of both the victim’s right to 

restitution and the defendants’ ęnancial circumstances, as required by § 3663. He also acknowledged the largely symbolic 

nature of the restitution order. He then decided to award restitution “in the full amount of each victim’s losses as determined by the court and without consideration of the economic circumstances of the defendant” as required by 

§ 3664(f)(1)(A). We do not see in this record any indication 

that the district judge abused his discretion in imposing a substantial but likely symbolic order of restitution against all defendants. 

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Brazier alone challenges the district court’s decision to 

hold all defendants jointly and severally liable for the full restitution amount. He argues that he should be on the hook for 

only a percentage of the restitution amount that is proportional to his culpability, which he calculates by comparing his 

sentence duration to the length of his co-defendants’ sentences. Section 3664(h) provides: 

If the court ęnds that more than 1 defendant has 

contributed to the loss of a victim, the court may 

make each defendant liable for payment of the 

full amount of restitution or may apportion liability among the defendants to reĚect the level 

of contribution to the victimȇs loss and economic 

circumstances of each defendant. 

The district court exercised its discretion under § 3664(h) 

and chose to impose joint and several liability for all three defendants. The law did not require the district court to accept 

Brazier’s calculation of relative culpability based on comparisons of prison sentences. And in an interesting version of trying to turn lemonade back into biĴer lemons, Brazier complains that his lighter prison sentence will be unfair to him 

because he will probably have to start making monthly restitution payments upon his release, years before Fields and 

Mzembe will because of their longer prison terms. 

The district court acknowledged Brazier’s arguments but 

rejected them, ęnding that the facts that had led the court to 

impose diěerent prison sentences did not justify diěerent restitution awards. We ęnd no abuse of discretion here, particularly since the focus of restitution, as distinct from prison 

terms, is more on compensation for the victim than on precise 

calibration of relative culpability among multiple defendants. 

Case: 16-4258 Document: 00713478397 Filed: 09/03/2019 Pages: 17 (16 of 20)

USDC IN/ND case 3:15-cr-00087-RLM-MGG document 405-1 filed 09/03/19 page 16 of 17
Nos. 16-4258, 17-1060, 17-1412, 17-2268 & 17-2269 17

Brazier was not convicted of a ęrearm oěense like Mzembe 

and Fields, but he played an integral part in kidnapping and 

torturing Harris. He was present when Harris was shot. He 

does not argue that he was unaware that Mzembe and Fields 

carried guns, which might have rendered the accidental 

shooting unforeseeable to him. And Brazier did nothing to 

treat Harris’s wounds. In fact, he intensięed Harris’s suěering 

by continuing to beat and torture him after the gunshot, or by 

at least aiding and abeĴing Harris’s beatings. 

Finally, Fields points out that the district court made a factual error in seĴing his restitution amount about $3,000 above 

the restitution amount for Mzembe and Brazier. The district 

court itself recognized this mistake in ordering restitution for 

Fields’ confederates. On remand, the court must adjust the 

restitution amount for Fields. 

Brazier’s conviction and sentence are AFFIRMED. The 

§ 924(c) convictions of Fields and Mzembe are REVERSED. 

Fields’ and Mzembe’s sentences are VACATED, and their 

cases are REMANDED for resentencing consistent with this 

opinion. 

Case: 16-4258 Document: 00713478397 Filed: 09/03/2019 Pages: 17 (17 of 20)

USDC IN/ND case 3:15-cr-00087-RLM-MGG document 405-1 filed 09/03/19 page 17 of 17