Legal Opinion
United States v. Harper
Court of Appeals for the Fifth Circuit
Decided May 2, 2006No. 05-40500PublishedCited by 8 opinions
1Opinion of the Court
EMILIO M. GARZA, Circuit Judge:
Appellee Richard Harper, a federal prisoner, was convicted of assaulting his cellmate with a dangerous weapon, in violation of 18 U.S.C. § 113(a)(3). At sentencing, the Government urged the court to apply a four-level increase to Harper’s offense level pursuant to U.S.S.G. § 2A2.2(b)(3)(D) to account for the degree of injury his victim sustained. The court instead applied a three-level increase pursuant to U.S.S.G. § 2A2.2(b)(3)(A), reflecting a lesser degree of injury. The Government appeals the district court’s ruling.
I
Harper pled guilty to the assault.…
2Cases cited25 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Shepard v. United StatesSupreme Court of the United States · 2005
- United States v. MaresCourt of Appeals for the Fifth Circuit · 2005
- United States v. Lydia CooperCourt of Appeals for the Third Circuit · 2006
20 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. Matthew SimpsonCourt of Appeals for the Fifth Circuit · 2014
- United States v. ScrogginsCourt of Appeals for the Fifth Circuit · 2007
- United States v. Efrain SifuentesCourt of Appeals for the Fifth Circuit · 2019
- United States v. DockeryCourt of Appeals for the Fifth Circuit · 2007
- United States v. HarrisCourt of Appeals for the Fifth Circuit · 2007
3 more not listed; retrieve them via the Exa API.