United States v. Wilson, No. 12-1878 (7th Cir. 2012)
Annotate this CaseDefendant, a black Muslim inmate of an Illinois Federal Correctional Institution, was attacked by Mexican inmates. Later, locked in his cell, defendant attacked another Mexican inmate, kicking and stomping him with steel-toe boots and slamming his head into a bunk. The victim had not participated in the earlier attack and made no effort to defend himself. Defendant was convicted of “assault resulting in serious bodily injury,” 18 U.S.C. 113(a)(6), and sentenced to 46 months. The Seventh Circuit affirmed, rejecting an argument that he did not inflict “serious” bodily injury,” defined as involving “a substantial risk of death,” “extreme physical pain,” “protracted and obvious disfigurement,” or “protracted loss or impairment of the function of a bodily member, organ, or mental faculty.” The victim was bloody, had difficulty walking, required 16 stitches on his head, and had scratches, abrasions, and contusions. His nose was broken and his eyes swollen shut; he had headaches, pain in his face and shoulders, and several loose teeth. He exhibited signs of post-traumatic stress syndrome, for which Zoloft was prescribed. Judge Posner expressed bafflement that inmates are required to wear steel toed boots and stated that there was no basis for a jury instruction on self-defense.
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