United States v. Capozzi, No. 12-6169 (6th Cir. 2013)
Annotate this CaseCapozzi, a federal prisoner, rolled out of a transport van and fled. Personnel pursued him, firing shots. Two days later agents discovered Capozzi hiding in a wooded area. He was indicted for escaping from custody, 18 U.S.C. 751(a) and sought to present a defense of necessity, arguing that he faced an imminent risk of death or serious bodily injury due to post-traumatic arteriovenous fistula originating from a chest stabbing. Capozzi claims that he believed that escape at that moment was his only chance at saving his life. The district court denied the motion and refused to instruct the jury on the defense. During deliberations, the jury submitted a note stating that without a transcript it could not make a decision. The court gave a supplemental instruction designed for deadlock, to which neither party objected. After additional deliberation, the court concluded that the jury was deadlocked, polled the jurors, and over Capozzi’s objection, declared a mistrial. A retrial was scheduled, but Capozzi pled guilty. The government objected to a three-level reduction for acceptance of responsibility. The court found that because the government did not move for a reduction, Capozzi was entitled only to a two-level reduction and sentenced Capozzi to 51 months, the top of his Guidelines range. The Sixth Circuit affirmed.
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