United States v. Olson, No. 10-1089 (8th Cir. 2011)
Annotate this CaseDefendant pleaded guilty to being a felon in possession of a firearm and was sentenced to 120 months imprisonment where the district court applied a six-level enhancement to his base offense level, concluding that defendant's conduct during his arrest amounted to an assault on the arresting officers. At issue was whether the enhancement was procedural error because the officers' testimony at sentencing was insufficient to support the conclusion that defendant had assaulted the officers. The court held that the district court's findings, derived from and combined with the officers' testimony, provided sufficient basis for application of the enhancement. Accordingly, the sentence was affirmed.
Court Description: Criminal case - Sentencing. District court did not err in imposing an enhancement under Guidelines Sec. 3A1.2(c)(1) on the ground defendant's conduct during his arrest amounted an assault on the arresting officers.
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