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By Shari Allison

United States v. Robertson, 2020 WL 54652 (10th Cir. January 6, 2020) (NM)Robertson pleaded guilty to being a felon in possession of a firearm. The probation office asked the court to apply a ten level enhancement: four levels under USSG § 2K2.1(b)(6) for assaulting a police officer with the firearm; and another six levels using U.S.S.G. § 3A1.2(c)(1), the official victim enhancement, because it claimed Robertson assaulted the officer in a "manner creating a substantial risk of serious bodily injury." After an evidentiary hearing at which the officer who shot Robertson testified, the district court applied those enhancements. Robertson?s imprisonment range went from 46 to 57 months to 120 to 150 months. Robertson?s appeal raised numerous issues, the most important of which were that, (1) because of the disproportionate impact the enhancements had on the recommended imprisonment range, the district court should have required they be proven by clear and convincing evidence; and (2) the district court used Robertson?s silence at the sentencing hearing to improperly justify its application of the sentencing enhancements...continue to full post

Full post as published by Tenth Circuit Blog on June 16, 2020 (boomark / email).