United States v. Lehi, No. 11-1085 (10th Cir. 2011)
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Defendant Daniel Lehi appealed his felony conviction of forcibly assaulting a federal officer and his thirty-three month prison sentence. A federal police officer was dispatched to Defendant's home after receiving a call of a domestic dispute. In his attempt to restrain Defendant, the officer testified Defendant "had a big gob of spit that come right at my face and some of it got in my right eye. I could feel a lot of it get into my left eye. It started getting blurry." After hearing this testimony, the district court found that Defendant committed a forcible assault involving "physical contact" based solely on the spitting conduct. Upon review, the Tenth Circuit concluded that the record supported Defendant's conviction, and that Defendant could not overcome the presumption that his sentence was not substantively reasonable. Accordingly, the Court affirmed his conviction and sentence.
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