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U.S. v. PINEDA-DUARTE

No. 18-6118.

933 F.3d 519 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Reynaldo PINEDA-DUARTE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 31, 2019.

Attorney(s) appearing for the Case

ON BRIEF: Cathryn R. Armistead , ARMISTEAD LAW GROUP, PLLC, Nashville, Tennessee, for Appellant. Charles P. Wisdom, Jr. , Lauren Tanner Bradley , UNITED STATES ATTORNEY'S OFFICE, Lexington, Kentucky, for Appellee.

Before: MOORE, COOK, and READLER, Circuit Judges.

OPINION

Suppose an individual approached by a police officer for a suspected drug offense swings a shovel at the officer—but misses. Has the individual "used violence," thereby triggering the sentencing enhancement in U.S.S.G. § 2D1.1(b)(2) of the Federal Sentencing Guidelines?

While...

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