Legal Opinion
United States v. Studnicka
District Court, E.D. Texas
Decided October 12, 2006No. 4:05-cr-00137PublishedCited by 4 opinions
1Opinion of the Court
SENTENCING MEMORANDUM
CLARK, District Judge.
Sean Allen Studnicka, a prisoner at U.S.P. Beaumont, rushed out of his cell and bit Lieutenant Rayburn on the arm. Studnicka is HIV positive. He pled guilty to forcibly assaulting a correctional officer. In the Plea Agreement, the parties stipulated that the base offense level under U.S.S.G. § 2A2.4 (2000) 1 was 15. At the sentencing hearing, the court found that there were two specific offense characteristics which increased this base level by nine points: (1) the use of a dangerous weapon; and (2) the degree of injury to the victim. The court also…
2Cases cited3 opinions
- United States v. James Vernell MooreCourt of Appeals for the Eighth Circuit · 1988
- United States v. Jeffrey Wayne SturgisCourt of Appeals for the Fourth Circuit · 1995
- United States v. SheltonDistrict Court, E.D. Texas · 2006
3Cited by4 opinions
- United States v. RochaCourt of Appeals for the Ninth Circuit · 2010
- In re D.T.District of Columbia Court of Appeals · 2009
- In Re DtDistrict of Columbia Court of Appeals · 2009
- Jamerson v. StateDistrict Court of Appeal of Florida · 2011