Quantcast
Home / Opinion Digests / Criminal – Sentencing – Upward Departure – Use Of Handgun – Aggravated Assault (access required)

Criminal – Sentencing – Upward Departure – Use Of Handgun – Aggravated Assault (access required)

Where the district court refused to apply a particular cross reference in the U.S. Sentencing Guidelines, § 2K2.1(c)(2), to cover defendant's conduct of initially refusing to drop a handgun which he pointed at the officer attempting to arrest him, which the government argued was an aggravated assault, this refusal of an upward departure was ...