United States Tenth Circuit

A sentence for assault resulting in serious bodily injury is affirmed over claims that: 1) the district court failed to comply with Fed. R. Crim. P. 32 in adopting a PSR's life-threatening injury recommendation; 2) the PSR did not contain sufficient evidence to support the conclusion that the victim had suffered a life-threatening injury; and 3) the district courts in the circuit are inconsistent in their applications of the life-threatening injury enhancement.

Appellate Information

• Decided 03/03/2008
• Published 03/04/2008

Judges

• TYMKOVICH, Circuit Judge., Before MURPHY, HOLLOWAY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Daniel G. Blythe, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Cheyenne, WY, for Defendant-Appellant., Gregory A. Phillips, Assistant United States Attorney (John R. Green, Acting United States Attorney, and Jason M. Conder, Assistant United States Attorney, with him on the brief), Office of the United States Attorney, Lander, WY, for the Plaintiff-Appellee.