from the United States District Court for the Eastern
District of Michigan at Detroit. No. 2:14-cr-20136-1-Stephen
J. Murphy III, District Judge.
A. Daly, CRAIG A. DALY, P.C., Detroit, Michigan, for
Matthew B. Kall, UNITED STATES ATTORNEY'S OFFICE,
Cleveland, Ohio, for Appellee.
Before: MOORE, STRANCH, and DONALD, Circuit Judges.
NELSON MOORE, CIRCUIT JUDGE.
Ronnie Edward Duke was sentenced to a 97-month term of
imprisonment for assaulting an Assistant United States
Attorney at a hearing in a separate case. During the
incident, Duke struck the attorney's head against and
pushed the attorney's legs into a table in the courtroom,
causing bruising and an abrasion. At sentencing, the district
court determined that the table was a "dangerous
weapon" under the United States Sentencing Commission
Guidelines Manual ("the Guidelines"), which
triggered sentencing enhancements that Duke challenges on
appeal. Duke also argues that some of these enhancements
constitute impermissible double counting for the same
conduct. Because Duke used the courtroom table under the
circumstances as a dangerous weapon and because no
impermissible double counting occurred, we
AFFIRM the sentence below.
district court made factual findings based on the
parties' memoranda and the presentence investigation
report ("PSR"), R. 35 (Sentencing Tr. at 38) (Page
ID #262), so our recitation of the facts is likewise focused
on these sources.
events that gave rise to this case began after Duke was
sentenced to a 156-month term of imprisonment for conspiracy
to commit wire fraud. No. 2:11-cr-20017-JAC-VMM R. 180
(Judgment at 2) (Page ID #899). However, following his sentence,
Duke failed to self-surrender. PSR ¶ 6. A warrant was
issued for his arrest, a new indictment was filed, charging
Duke with failure to surrender for a sentence, and Duke was
arrested on February 24, 2014. Id. ¶¶ 6-8.
At the arraignment, defense counsel requested that Duke be
transferred to the prison to which he had originally been
designated to report or to a prison in Milan, Michigan.
Id. ¶ 8. Counsel for the government opposed
Duke's request, instead requesting that Duke be
transferred to a more local facility because the new charges
were brought in the Eastern District of Michigan.
point, the hearing turned. Duke "yelled 'you
f**cking b**ch' and ran towards the government
attorney." Id. He "grabbed the victim by
the back of the victim's head[, ] struck the victim with
his fist several times[, and] smashed the victim's head
into a table repeatedly. The victim's legs were pushed
into the table during the attack, causing bruising."
Id. Duke also acknowledges that there was "a
small abrasion on the AUSA's right temple."
Appellant's Br. at 3. The attack ended when "various
people within the courtroom" "subdued" Duke.
PSR ¶ 8.
Charges, Sentencing, and Procedural History
was ultimately charged with one count of assaulting,
resisting, or impeding certain officers or employees in
violation of 18 U.S.C. § 111(a)(1), (b). R. 1
(Indictment) (Page ID #1- 3). Duke pleaded guilty to this
count, which the ...