United States v. Duke, No. 16-2128 (6th Cir. 2017)
Annotate this CaseDuke was sentenced to a 156-month term of imprisonment for conspiracy to commit wire fraud but failed to self-surrender. A warrant issued for his arrest, a new indictment was filed, charging Duke with failure to surrender for a sentence, and Duke was arrested. At the arraignment, defense counsel requested that Duke be transferred to the prison to which he had originally been designated to report or to a prison in Milan, Michigan. The government opposed Duke’s request, instead requesting that Duke be transferred to a local facility. Duke “yelled ‘you f**cking b**ch’ and ran towards the government attorney.” He “grabbed the victim by the back of the victim’s head[,] struck the victim with his fist several times[, and] smashed the victim’s head into a table repeatedly. The victim’s legs were pushed into the table during the attack, causing bruising.” People within the courtroom “subdued” Duke, who was convicted for the assault. At sentencing, the court determined that the table was a “dangerous weapon” under the Guidelines Manual, triggering sentencing enhancements. The Sixth Circuit affirmed his 97-month sentence, rejecting an argument that those enhancements constitute impermissible double counting for the same conduct.
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