Sentencing

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7^th Circuit Court of Appeals

Case Name: United States of America v. Karvis Carter

Case No.: 15-1335

Officials: POSNER, SYKES, and HAMILTON, Circuit Judges.

Focus: Sentencing

Judge did not err in applying upward adjustment to appellant total offense level given conduct of appellant.

“But the judge was permitted to adopt the probation officer’s findings from the presentence report, including the finding that the blow to the head sustained by Officer Lopez created a substantial risk of serious bodily injury. Although the judge’s remarks could have been clearer, we’re satisfied that she understood the legal standard for imposing the adjustment. After all, she read aloud from the text of the guideline, and when defense counsel reminded her that she must find that Carter’s actions created a substantial risk of serious bodily injury, she acknowledged counsel’s argument. She went on to conclude that the evidence in the record—including Officer Brown’s testimony about the blows to the head and the photographs of the officers’ injuries—supported the probation officer’s finding. See id. (“Even one blow to the head, and even by an unarmed person, can pose a substantial risk of serious injury within the meaning of the Guidelines.”). Nothing more was required.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.