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Criminal Law

: Tenth Circuit Blog

By Shari Allison

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United States v. Sandoval, No. 19-2041, 2020 WL 2603208 (10th Cir. May 22, 2020) This was a DWI/car accident case where the defendant was sentenced under U.S.S.G. § 2A2.2 and was subject to an increased aggravated assault sentence because the victim lost part of her pinky finger in the accident. At sentencing, the defendant argued that the guideline does not adequately reduce sentences when the assault is committed recklessly. In addition, because the adjusted offense level ended up calculating to one level below the base offense level for involuntary manslaughter involving the reckless operation of a means of transportation, it was disproportionately high. The Court concluded that while differences in mental states usually do matter at sentencing, other factors matter too--like degree of injury or the relationship between the defendant and victim...continue to full post

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