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U.S. v. MOLINA

No. 877, Dockets 96-1260(L), 96-1308(XAP).

106 F.3d 1118 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. José P. MOLINA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 12, 1997.

Attorney(s) appearing for the Case

Lawrence Mark Stern, New York City, for defendant-appellee.

Paul Weinstein, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty., David C. James, Asst. U.S. Atty., on the brief), for plaintiff-appellant.

Before: NEWMAN, Chief Judge, OAKES and WINTER, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This appeal primarily concerns a narrow sentencing issue relating to enhanced punishment for injury to a bystander. The precise issue is whether a specific offense enhancement based on bodily injury to a victim, sustained during the commission of a robbery, may be imposed when the bullet that struck the victim did not come from the weapon of the defendant or his co-conspirators, but from that of an armed guard attempting to fend off the...

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