United States Tenth Circuit

Under USSG 2A2.2, kicking a car door into a military police officer may constitute an assault with a "dangerous weapon" on the officer even if defendant was not in control of the car.

Appellate Information

• Decided 11/27/2001
• Published 11/27/2001

Judges

• BRISCOE, Circuit Judge., Before TACHA, Chief Judge, PORFILIO and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Ronald E. Wurtz, Assistant Federal Public Defender, (David J. Phillips, Federal Public Defender, with him on the brief), Topeka, KS, for the appellant.


• For Appellees:
  
• Matthew V. Rusch, Special Assistant United States Attorney, Fort Riley, KS, (James E. Flory, United States Attorney, and T.G. Luedke, Assistant United States Attorney, Topeka, KS, with him on the brief), for the appellee.