United States v. Rico, No. 20-1050 (10th Cir. 2021)
Annotate this CaseDefendant Nickie Nathanial Rico asserted he was acting in self-defense when he fired several shots in the late hours of the night across a busy downtown Denver street. As a result of his actions, the government charged Defendant with one count of possessing a firearm as a felon in possession under 18 U.S.C. 922(g)(1), and he pleaded guilty. At sentencing, the Presentence Investigation Report (“PSR”) applied a cross-reference for attempted murder. Over Defendant’s objection, the district court concluded the PSR appropriately applied the cross-reference and sentenced Defendant to 97 months’ imprisonment. The Tenth Circuit held that for a defendant to invoke self-defense, one must face imminent danger that he did not cause. Defendant contended the district court incorrectly found that he did not act in self-defense, and therefore erred in applying the Guideline enhancement for attempted murder. Defendant also contended that Colorado, and not federal, self- defense law applied. The Court found defendant failed to support his assertions with record evidence: "In fact, the record supports the district court’s factual finding that the evening’s events did not trigger a reasonable belief that Defendant needed to use deadly force in self-defense." Judgment was affirmed.
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