United States v. Commanche, No. 10-2158 (10th Cir. 2011)
Annotate this CaseDefendant Bryan Commanche appealed the district court's calculation of his sentence, arguing that the court erred in applying an enhancement to the US Federal Sentencing Guidelines to his sentence. Defendant was initially convicted on two counts of assault resulting in serious bodily injury. On appeal, he argued that the court should have used a "clear and convincing" evidence standard when deciding his sentence. The Tenth Circuit found that the evidence at trial "clearly and convincingly" showed Defendant used a dangerous weapon. Accordingly, the Court held that the district court did not err in applying the enhancement to Defendant's sentence.
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