Sneakers qualify as dangerous weapon

U.S. v. Hatch, 2012 WL 3009817 (7/24/12) (Col.) (unpub'd) - Fitting comfortably in the dumb-criminal category, the defendant asked a friend to use a cell phone camera to record her assaulting a guy. Based on a review of the video, the 10th rules the d. ct. did not clearly err when it found the defendant had used her sneakers as dangerous weapons, warranting an enhancement under USSG § 2A2.2(b)(2)(B) and application note 1. The video supported the d. ct.'s finding that the victim was defenseless while she kicked him almost exclusively in the head. The victim barely moved while lying on the ground and his arms covering his head did not prevent the kicks from connecting with his head. The force from the kicks on the arms transferred through the arms and had a meaningful impact on the head.