U.S. v. TINDALL

No. 07-8038.

519 F.3d 1057 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Emery Garret TINDALL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 3, 2008.


Attorney(s) appearing for the Case

Daniel G. Blythe, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Cheyenne, WY, for Defendant-Appellant.

Gregory A. Phillips, Assistant United States Attorney (John R. Green, Acting United States Attorney, and Jason M. Conder, Assistant United States Attorney, with him on the brief), Office of the United States Attorney, Lander, WY, for the Plaintiff-Appellee.

Before MURPHY, HOLLOWAY, and TYMKOVICH, Circuit Judges.


TYMKOVICH, Circuit Judge.

Emery Garret Tindall pleaded guilty to assault resulting in serious bodily injury in violation of 18 U.S.C. §§ 113(a)(6) and 1153. The district court enhanced Tindall's sentence after concluding the injuries could have resulted in the loss of the victim's life. On appeal, he argues the district court improperly relied on the Presentence Report (PSR) in making fact findings about the seriousness of the victim's injuries. As a result...

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