United States v. Rafidi, No. 15-4095 (6th Cir. 2016)
Annotate this CaseTwelve agents went to Rafidi’s Warren, Ohio, home to execute a search warrant and “pounded” on Rafidi’s door. An agent, looking through a window, saw Rafidi pick up a handgun. The agent yelled, “put the gun down.” Rafidi replied, “‘[Y]ou mother fuckers.’” According to the agent, “the door swung open,” and Rafidi was holding a gun pointed at the agent. Detective Bordonaro was familiar with Rafidi from the community and yelled “George, it is Chris . . . . from the Police Department.” According to Bordonaro, the door flew open and a hand appeared with the gun pointing “straight out the door.” Bordonaro fired his weapon, but no bullets struck Rafidi. Rafidi emerged without his weapon and was taken into custody. According to Rafidi, he had taken pain medication before the incident, fallen asleep, and “was horribly awoken,” “afraid for [his] life,” so he grabbed his gun. Rafidi testified that he could not hear anyone yelling, nor could he see out. Rafidi was convicted of forcibly assaulting, resisting, opposing, impeding, and interfering with a federal law-enforcement officer, 18 U.S.C. 111(a)(1) and (b), and of using and brandishing a firearm in furtherance of a crime of violence, 18 U.S.C. 924(c)(1)(A)(ii). The court sentenced Rafidi to 10 months of imprisonment (Count 1) followed by 84 months on Count 2. The Sixth Circuit affirmed, rejecting arguments that violation of Section 111 cannot constitute a “crime of violence” for purposes of Section 924(c); that the government violated its Brady obligations, that the district court erred in failing to investigate a juror sleeping during his trial; and that his sentence violated the Eighth Amendment.
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