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U.S. v. TOLBERT

No. 10-6467.

668 F.3d 798 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. John R. TOLBERT, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 10, 2012.

Attorney(s) appearing for the Case

ARGUED: Francis L. Lloyd, Jr. , Law Office of Francis L. Lloyd, Jr., Knoxville, Tennessee, for Appellant. James E. Arehart , Assistant United States Attorney, Lexington, Kentucky, for Appellee. ON BRIEF: Francis L. Lloyd, Jr. , Law Office of Francis L. Lloyd, Jr., Knoxville, Tennessee, for Appellant. James E. Arehart , Charles P. Wisdom, Jr. , Assistant United States Attorneys, Lexington, Kentucky, for Appellee.

Before: MARTIN and GIBBONS, Circuit Judges; STEEH, District Judge.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Defendant-Appellant John Tolbert, Jr. pled guilty to a charge of assaulting a federal officer, resulting from an incident in which he struck a Deputy United States Marshal in the head with a plastic water pitcher at the conclusion of another trial. At sentencing, the district court found that the pitcher constituted a "dangerous weapon" under the circumstances, and it applied the recommended four-level enhancement...

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