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Case history

  • July 31, 2019
    decided Decision issued in United States v. Reynaldo Pineda-Duarte

Opinions and writings

Opinion By Chad Andrew Readler July 31, 2019

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,…

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