Background
Nathan Jiles pled guilty to being a felon in possession of a firearm and assault of a federal officer. The district court imposed a sentence of one hundred sixty-eight months, which was above the Sentencing Guidelines range of one hundred twenty-one to one hundred fifty-one months. Jiles appealed, arguing the district court erred in applying a six-level enhancement for assault creating a substantial risk of serious bodily injury to a law enforcement officer.
The court’s reasoning
The court reviewed factual findings for clear error. It found that Jiles rammed Deputy United States Marshal Grady Sheehy’s car with sufficient force to move the vehicle and knock officers off balance. Deputy Sheehy testified that being knocked off balance with a weapon drawn risks an accidental discharge. The court held that the absence of actual serious bodily injury does not preclude a finding of substantial risk. The court also affirmed the enhancement based on Jiles manipulating a gun in front of Officer Christopher Carton. The court found Officer Carton’s fear reasonable given Jiles had just attempted to escape by ramming a police barricade and had announced he had a gun.
What it means going forward
The decision reinforces that conduct creating a substantial risk of serious bodily injury, such as using a vehicle as a weapon or brandishing a firearm during an arrest, supports a sentencing enhancement even if no actual injury occurs.