United States v. Collins, No. 13-2455 (8th Cir. 2014)
Annotate this CaseDefendant appealed his sentence after pleading guilty to being a felon in possession of a firearm. The court concluded that the district court did not err in applying a two-level enhancement under U.S.S.G. 3C1.1 for willful obstruction of justice. The court concluded, however, that the district court erred in applying the six-level enhancement under U.S.S.G. 3A1.2(c)(1) for attempting to stab a detective with a pen. Because defendant had been arrested, was shackled to the floor of an interview room at the police station, and made no attempt to flee, the assault did not occur during immediate flight from the felon-in-possession offense.
Court Description: Criminal case - Sentencing. In sentencing defendant in this felon-in-possession case, the district court properly applied an enhancement under Guidelines Sec. 3C1.1 for obstruction of justice where defendant attempted to destroy his written confession; however, the district court erred in applying an enhancement under Guidelines Sec. 3A1.2 for assaulting the office in the struggle over the confession as defendant's actions did not occur during the course of the offense or immediate flight.
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