United States v. Tolbert
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
JULIA SMITH GIBBONS, Circuit Judge.
Defendant-Appellant John Tolbert, Jr. pled guilty to a charge of assaulting a federal officer, resulting from an incident in which he struck a Deputy United States Marshal in the head with a plastic water pitcher at the conclusion of another trial. At sentencing, the district court found that the pitcher constituted a “dangerous weapon” under the circumstances, and it applied the recommended four-level enhancement under U.S.S.G. § 2A2.2(b)(2)(B). On appeal, Tolbert argues that the examples given in the definition of what constitutes a dangerous weapon…
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