U.S. v. Alexander

Federal 7th Circuit Court
Criminal Court
Case Number: 
No. 12-1084
Decision Date: 
March 11, 2013
Federal District: 
C.D. Ill.
Dist. Ct. did not err in sentencing defendant to 108-month term of incarceration on drug distribution charge, even though Dist. Ct. had imposed six-level enhancement under section 3A1.2(c)(1) of USSG for substantial risk of serious bodily injury arising out of defendant’s two punches to arresting officer’s head. While defendant argued that said punches did not constitute substantial risk of serious injury, Ct. of Appeals found that Dist. Ct. did not clearly err in imposing enhancement, which did not require finding that defendant actually inflicted serious injury, or that defendant used deadly weapon. Moreover, Dist. Ct. could look to risk of potential injury caused by blow to victim’s head, as well as other circumstances, which indicated that punches occurred during physical struggle between defendant and officer that resulted in defendant briefly escaping before being tracked down by police dog.