United States v. Pettigrew

ORDER

This matter is before us on Defendant-Appellant David Pettigrew’s motion for panel rehearing or rehearing en banc. In United States v. Pettigrew, 455 F.3d 1164 (10th Cir.2006) we affirmed Mr. Pettigrew’s conviction and sentence, holding, in part, that a “finding of purpose, knowledge, or recklessness supports a conviction for assault resulting in serious bodily injury,” see id. at 1175, and that an upward departure for the defendant’s excessive recklessness in committing such an assault is a permissible grounds for a departure under United States Sentencing Guidelines Manual § 5K2.0, see…