United States v. Swallow, No. 16-30224 (9th Cir. 2018)Annotate this Case
The Ninth Circuit vacated defendant's sentence after he pleaded guilty to assault resulting in serious bodily injury. The panel held that the district court properly applied a sentencing enhancement for a dangerous weapon used during the commission of the offense under USSG 2A2.2(b)(2)(B). In this case, defendant's tennis shoes qualified as dangerous weapons when he used them to kick and stomp the victim’s head. However, the district court erred in applying an enhancement for an assault that was motivated by a payment or offer of money or thing of value under USSG 2A2.2(b)(5). The panel found that no evidence suggesting that defendant had been hired by someone to assault the victim or that he had been paid anything of value.