Monday, April 29, 2013

Old Chief v. United States case brief

Old Chief v. United States case brief
130 S. Ct. 563

CASE SYNOPSIS: Defendants were convicted of aiding and abetting an assault with a dangerous weapon, in violation of 18 U.S.C.S. §§ 1153(a), 113(a)(3) and assault with a dangerous weapon, in violation of 18 U.S.C.S. §§ 1153(a), 113(a)(3). The United States District Court for the District of Montana sentenced defendants to 120 months of imprisonment. Defendants appealed their sentences.

FACTS: One of the defendants had a party at his residence that had been going on for a few days and involved a lot of alcohol. A fight broke out between defendants and the victim and the victim was stabbed multiple times.

The appellate court found that the physical restraint sentencing enhancement applied because one of the defendants chased down the victim to prevent him from evading the other defendant and other individual then held the victim's arms as one of the defendants stabbed him three times. The one defendant was also subject to the three point enhancement under U.S. Sentencing Guidelines Manual § 2A2.2 because the testimony presented at trial fully supported a verdict that it was "reasonably foreseeable" that the other defendant would use a knife in furtherance of the joint criminal enterprise of the assault against the victim and nothing suggested that defendant was not aware of the knife or that it would be used on the victim.

CONCLUSION: Defendants' sentences were affirmed.

Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads Over the last couple of decades, the face of legal marketing has changed a l...