Sunday, November 17, 2013

United States v. Stamper case brief

United States v. Stamper case brief summary
91 Fed.Appx. 445 (2004)

Defendant was convicted in the U.S. District Court for the Western District of Kentucky of, inter alia: (1) car-jacking, (2) obstructing interstate commerce by robbery, and (3) brandishing a firearm during commission of a crime of violence. He appealed his conviction and sentence.

Defendant contended that his inability to cross-examine his female partner about an inconsistent "motel room" statement deprived him of a fair trial because the jury could not witness her reaction to such impeachment.


  • The court determined that it was not reasonably likely that the trial's outcome would have been different had he cross-examined her about the statement. 
  • The district court did not abuse its discretion in denying his motion for a new trial. 
  • Next, the court rejected his appeal of the denial of several pre-trial motions to suppress evidence on Fourth Amendment and Due Process Clause grounds. 
  • On sentencing issues, the district court did not clearly err in applying a two-point enhancement for attempted obstruction of justice. 
  • The district court did not clearly err in finding that defendant had inflicted a "bodily injury" upon a car salesman so as to warrant at least a two-point enhancement to his sentence under U.S. Sentencing Guidelines Manual § 2B3.1(b)(3)(A). 
  • The district court, however, did clearly err in finding that the salesman had sustained a "serious bodily injury" so as to trigger a four-point enhancement to defendant's sentence under § 2B3.1(b)(3)(B).

The court affirmed the judgment of conviction, but reversed defendant's sentence and remanded for further proceedings.

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