Using Officer's Taser Against the Officer Supports Enhancement for Use of a Dangerous Weapon

United States v. Quiver, 805 F.3d 1269(11/17/2015) (WY): The panel cites numerous Ninth Circuit cases to justify its decision that a four level enhancement for use of a dangerous weapon was appropriate here. Quiver fought with the officer trying to arrest him. The officer pulled out his Taser which Quiver took from him and then used on the officer’s leg. The presentence report included a four level enhancement for use of a dangerous weapon. Quiver argued that using Taser pressed against a thigh must be capable of causing death or serious bodily injury for the enhancement to apply. In other words, it has to be used in a way that is capable of causing death or serious bodily injury. The panel explains this argument may work with objects that are not normally considered weapons, like a shoe, a chair or a car. But here, as Quiver conceded, a Taser is a weapon. Therefore, only two elements have to be established: (1) the assault involved a dangerous weapon and (2) if so, the dangerous weapon was used more actively then brandishing, displaying or possessing it. The enhancement applies because Quiver took the Taser and actively used it as part of his assault on the officer.