United States v. Corey James Hight
695 F. App'x 532
| 11th Cir. | 2017Background
- DEA Special Agent Brian Lammers, executing an arrest warrant for a third party (Muenzel), chased and tackled Muenzel when Muenzel fled; while Lammers was on top of Muenzel, Corey Hight punched Lammers in the mouth.
- Lammers testified the blow "jolted" him, caused pain, a small laceration on his lip, swelling, and bleeding; a photograph of the lip injury and testimony by a deputy who observed bleeding were admitted at trial.
- A federal jury convicted Hight of assaulting a federal officer in violation of 18 U.S.C. § 111(a)(1) and (b).
- The PSR assigned a base offense level of 10, added +3 for physical contact and +2 under U.S.S.G. § 2A2.4(b)(2) for bodily injury, plus a +2 obstruction adjustment, yielding total offense level 17 and guideline range 37–46 months (criminal history IV).
- Hight objected to the +2 bodily-injury enhancement at sentencing; the district court overruled the objection and imposed a 37-month sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2A2.4(b)(2) two-level enhancement applies because victim suffered bodily injury | Government: Lammers’s pain, bleeding, laceration, and photo meet the Guidelines’ definition of "bodily injury" (painful and obvious) | Hight: Injury was not sufficient to constitute "bodily injury" under the Guidelines | Court affirmed: factual finding of bodily injury was not clearly erroneous; enhancement proper |
Key Cases Cited
- United States v. Johnson, 694 F.3d 1192 (11th Cir.) (standard of review for guideline application)
- United States v. Clarke, 562 F.3d 1158 (11th Cir.) (clear-error standard explained)
- United States v. Crawford, 407 F.3d 1174 (11th Cir.) (clear-error review citation)
- United States v. McGarity, 669 F.3d 1218 (11th Cir.) (circuit precedent binding authority principle)
- United States v. Aguilar-Ibarra, 740 F.3d 587 (11th Cir.) (minor injuries can support bodily-injury enhancement)
- United States v. Sawyer, 115 F.3d 857 (11th Cir.) (psychological injury alone insufficient for bodily-injury enhancement)
- United States v. Lancaster, 6 F.3d 208 (4th Cir.) (contrasting Fourth Circuit decision finding no bodily injury from momentary mace exposure)
- United States v. Jernigan, 341 F.3d 1273 (11th Cir.) (preservation rule for sentencing reasonableness arguments)