United States Seventh Circuit

District court did not abuse its discretion in imposing a four-point upward adjustment for "otherwise using" a dangerous weapon under U.S.S.G. sec. 2B3.1(b)(2)(D), because physical contact between the weapon and the victim is not required under the statute, and his conduct, pointing a weapon at specific victim, constituted a personalized threat of harm.

Appellate Information

• Argued 12/11/2001
• Decided 02/08/2002
• Published 02/08/2002

Judges

• RIPPLE, Circuit Judge., Before BAUER, RIPPLE and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Debra Riggs Bonamici (argued), Office of U.S. Atty., Chicago, IL, for Plaintiff-Appellee., John M. Beal (argued), Chicago, IL, for Defendant-Appellant.