Wednesday, March 05, 2008

Life-Threatening Bodily Injury Enhancement Affirmed

U.S. v. Tindall, -- F.3d --, 2008 WL 554821 (10th Cir. 3/3/08) - District court did not err in imposing seven-level enhancement for permanent or life-threatening bodily injury in assault resulting in serious bodily injury case in which the doctor opined that the victims'head laceration posed a substantial risk of death due to blood loss. There were no objections to facts in the presentence report that would have triggered the district court's fact-finding obligation under Rule 32. There were sufficient facts in the record to establish a life-threatening injury by a preponderance of the evidence. The sentence was substantively reasonable.