U.S. v. Maiden

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 09-3747
Decision Date: 
May 17, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 141-month term of incarceration on bank robbery and firearm charges based in part on 2-level bodily injury enhancement for eye injuries sustained by bank teller, who had been pepper-sprayed during robbery. While defendant argued that enhancement was improper because pepper spray was not dangerous weapon, Dist. Ct could properly impose enhancement based on teller's testimony that she sustained burning sensation in her eyes, which prevented her from wearing contact lenses.