United States Ninth Circuit

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US v. Swallow, 16-30224

Vacating a sentence imposed following a defendant's guilty plea to an assault leading to serious bodily injury where the district court properly applied a dangerous weapon enhancement where the defendant's tennis shoes qualified as dangerous weapons when he kicked and stomped his victim's head, but holding that they erred in applying an enhancement if the assault was motivated by payment, offer of money, or something of value because there was no evidence he had been paid for the assault over a botched methamphetamine purchase.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/06/11




  • United States Ninth Circuit


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