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Legal Opinion

United States v. Reynaldo Pineda-Duarte

Court of Appeals for the Sixth Circuit

Decided July 31, 2019No. 18-6118PublishedCited by 7 opinions

1Opinion of the Court

CHAD A. READLER, Circuit Judge.

Suppose an individual approached by a police officer for a suspected drug offense swings a shovel at the officer-but misses. Has the individual "used violence," thereby triggering the sentencing enhancement in U.S.S.G. § 2D1.1(b)(2) of the Federal Sentencing Guidelines?

While the district court did apply the § 2D1.1(b)(2) enhancement, the court did not expressly find that the defendant "used violence." Rather, given the somewhat unique nature of the conduct at issue-swinging a shovel but missing the intended target-the district court characterized the defendant…

2Cases cited17 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2010
  2. James v. United StatesSupreme Court of the United States · 2007
  3. United States v. MoonCourt of Appeals for the Sixth Circuit · 2008
  4. United States v. Rudolph A. McClellanCourt of Appeals for the Sixth Circuit · 1999
  5. United States v. TaylorCourt of Appeals for the Sixth Circuit · 2011

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3Cited by7 opinions

  1. United States v. Zachariah Jay HistedCourt of Appeals for the Sixth Circuit · 2024
  2. United States v. Mark GouldCourt of Appeals for the Sixth Circuit · 2022
  3. United States v. Luis Hernandez-BarajasCourt of Appeals for the Eighth Circuit · 2023
  4. United States v. BauerDistrict Court, District of Columbia · 2024
  5. United States v. Joshua EwingCourt of Appeals for the Sixth Circuit · 2020

2 more not listed; retrieve them via the Exa API.

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