Shoes Can Be Dangerous Weapons, Fifth Circuit Says

May 11, 2017, 4:00 AM UTC

A shoe can be a dangerous weapon, subjecting a defendant to an increased sentence, the U.S. Court of Appeals for the Fifth Circuit ruled May 5 (United States v. Velasco, 2017 BL 150901, 5th Cir., No. 16-30341, 5/5/17).

Whether an item is a dangerous weapon for purposes of the U.S. Sentencing Guidelines turns on intent, the court said in an opinion by Chief Judge Carl E. Stewart.

“The intent to do bodily harm is not measured by the actor’s subjective motivation, but rather, it is measured objectively, by what someone in the victim’s position might reasonably conclude from ...

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