United States v. Olson
2011 U.S. App. LEXIS 14829
8th Cir.2011Background
- Olson pleaded guilty to felon in possession of a firearm under 18 U.S.C. § 922(g).
- At sentencing the government sought a six-level Official Victim enhancement under § 3A1.2(c)(1) for assault on officers during arrest.
- The district court credited officers’ testimony and applied the enhancement, yielding a guidelines range of 130–162 months and a 120-month sentence.
- Olson challenged the enhancement as procedurally improper and insufficient to show assault under common-law terms.
- The events occurred during a nighttime arrest after a chase and pursuit involving canine and multiple officers surrounding Olson in a creek bed.
- The court limited review to whether the officers’ testimony sufficed to prove the enhancement, reviewing de novo the legal question and reviewing factual findings for clear error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for enhancement | Olson contends officers’ testimony does not prove assault under § 3A1.2(c)(1). | Olson’s conduct justified the enhancement based on a common-law 'menacing' assault evidenced by threat with a weapon. | Sufficient evidence supported the enhancement. |
| Definition of assault for Official Victim enhancement | Olson argues the term 'assault' is undefined and should not be tied to common law. | Government argues 'assault' adopts the common-law meaning per Lee, 199 F.3d 16 (1st Cir. 1999). | The court adopts the common-law meaning of 'assault' for § 3A1.2(c)(1). |
Key Cases Cited
- United States v. Hill, 583 F.3d 1075 (8th Cir. 2009) (agrees that Official Victim enhancement applies in some cases)
- United States v. Easter, 553 F.3d 519 (7th Cir. 2009) (relevant to towards reasonable fear and risk of harm)
- United States v. Lee, 199 F.3d 16 (1st Cir. 1999) (holds 'assault' in § 3A1.2(c) is common-law assault)
- United States v. Dupree, 544 F.2d 1050 (9th Cir. 1976) (federal assault concepts explained)