United States v. Quiver, No. 14-8077 (10th Cir. 2015)
Annotate this CaseDelray Quiver pled guilty to assaulting, resisting, and injuring a federal officer. At sentencing, the district court applied a four-level Sentencing Guidelines enhancement for Quiver’s “use” of a “dangerous weapon” (the officer’s Taser) during the assault. Quiver appealed the application of the enhancement. As the officer tried to subdue Quiver to arrest him, Quiver managed to turn over and punch the officer in the face, breaking his glasses. During the ensuing struggle, Quiver took control of the Taser and drive-stunned the officer’s leg. Quiver’s pressing the Taser against the officer’s thigh left two burn marks. The Tenth Circuit concluded that the Taser, even in stun-mode, was a dangerous weapon. The Court also concluded that in Quiver momentarily taking control of the Taser, he “used” it against the officer. For these simple reasons, the Tenth Circuit agreed with the district court’s conclusion that the four-level enhancement applied.
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