United States v. Tolbert, Jr., No. 10-6467 (6th Cir. 2012)
Annotate this CaseAfter his trial for intentional possession of an unregistered firearm, defendant was instructed to place his hands behind his back for cuffing. Instead he grabbed a plastic water pitcher and hit a deputy in the head with it. The officer was not seriously hurt and did not seek medical attention. Defendant pled guilty to assaulting a federal officer, 18 U.S.C. 111(a)(1) and 1114. At sentencing, the district court found that the pitcher constituted a "dangerous weapon" under the circumstances and applied a four-level enhancement under U.S.S.G. 2A2.2(b)(2)(B). The Sixth Circuit affirmed, rejecting an argument that examples given in the definition of what constitutes a dangerous weapon should be read as limiting and that the plastic pitcher was incapable of causing serious bodily injury.
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