United States v. Brown, No. 19-1021 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit affirmed the district court's revocation of defendant's supervised release and sentence of 36 months in prison for assault of a law enforcement officer. The court held that there was a sufficient basis for finding a grade A violation of assault on a law enforcement officer, because the deputy was indisputably performing his official duties at the time of the assault. In this case, when defendant placed his hand on the deputy's service weapon with intent to remove it, defendant took a substantial step toward committing the offense of assault with at least a threat of violence. Therefore, the district court did not err by finding that defendant violated his conditions of supervised release by assaulting the deputy.
Court Description: Erickson, Author, with Gruender and Kelly, Circuit Judges] Criminal case - Criminal law. The district court did not err in determining defendant committed a Grade A violation of his supervised release when he assaulted a police officer; when defendant placed his hand on the officer's service weapon with intent to remove it, he took a substantial step toward committing the offense of assault with at least a threat of violence. Judge Kelly, dissenting.
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