Dist. Ct. did not err in imposing below-guideline, 120-month term of incarceration on drug distribution charge, where said sentence was based, in part, on 6-level upward adjustment to defendant’s offense level under section 3A1.2(c)(1) of USSG based on finding that defendant had assaulted police officers while attempting to flee arrest. Record showed that defendant had engaged in physical altercation with police officers after said officers had engaged defendant in high-speed car chase through residential district, and that Dist. Ct. had adopted probation officer’s presentence report, which made finding that defendant had hit one officer on his head prior to being apprehended. While defendant denied striking either officer, Dist. Ct. was entitled to adopt probation officer’s findings in presentence report that indicated that blow to head created substantial risk of serious bodily injury.
Federal 7th Circuit Court
Criminal Court
Sentencing