United States v. Ladonna M. Riggins

40 F.3d 1055, 94 Cal. Daily Op. Serv. 8927, 94 Daily Journal DAR 16620, 1994 U.S. App. LEXIS 33277, 1994 WL 661620
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 25, 1994
Docket94-10065
StatusPublished
Cited by94 cases

This text of 40 F.3d 1055 (United States v. Ladonna M. Riggins) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ladonna M. Riggins, 40 F.3d 1055, 94 Cal. Daily Op. Serv. 8927, 94 Daily Journal DAR 16620, 1994 U.S. App. LEXIS 33277, 1994 WL 661620 (9th Cir. 1994).

Opinion

TROTT, Circuit Judge:

A jury convicted Ladonna Riggins (“Rig-gins”) of assault with a dangerous weapon and misdemeanor assault by striking, in violation of 18 U.S.C. § 113(e) and (d). Riggins was sentenced to 24 months of incarceration after the district court adjusted her base offense level and departed downward five levels.

Riggins appeals her conviction under 18 U.S.C. § 113(e) on the ground that the belt and shoe used cannot be dangerous weapons under the facts of this case. She appeals her sentence on the ground that because the district court erroneously believed it lacked the discretion to do so, it failed to depart downward further than it did.

We reject Riggins’s arguments and affirm her conviction and sentence.

I

Facts

On January 8, 1993, Riggins beat her two-year-old son Paul Norris (“Paul”) with a belt and shoe. She then removed Paul from her home at Pearl Harbor-Naval Base, and called base security, reporting that her husband had beaten Paul. (The day after the beating, Riggins called the police and confessed that it was she who had beaten Paul.)

Paul was taken to Makalapa Naval Medical Clinic for a medical examination. The medical examination revealed welts and bruising over his entire body, including a bruise on his face. Paul was admitted to the Tripler Army Medical Center to determine whether there were any further injuries beyond the welts and bruises. After a five-day hospital stay, it was determined that Paul was suffering from no further physical injuries, and he was placed in a foster home.

Riggins was indicted on March 24, 1993. Count One of the indictment accused Riggins of assaulting Paul with a dangerous weapon with intent to do bodily harm, in violation of 18 U.S.C. § 113(e); Count Two accused her of striking and beating Paul, in violation of 18 U.S.C. § 113(d).

A jury convicted Riggins of both counts. The district court held sentencing hearings on January 24 and 25, 1994. The district court adjusted her base offense level from 23 to 21, finding that Paul had not suffered serious bodily injury for purposes of the Sentencing Guidelines. Riggins moved for a downward departure on numerous grounds. The district court advised her attorney to “focus on extraordinary family circumstances” in arguing the motion. The eourt concluded that a downward departure was appropriate in light of Riggins’s extraordinary family circumstances. The court departed downward to the level recommended by the government, sentencing Riggins to 24 months.

II

Dangerous Weapon

Prior to trial, Riggins moved to dismiss Count One of the indictment on the ground *1057 that a belt and shoe could not be dangerous weapons. The district court denied the motion, finding that the belt and shoe were used in a manner that had the potential to inflict serious bodily harm, and therefore a jury could properly find that they were dangerous weapons for purposes of 18 U.S.C. § 113(c). Riggins renewed her motion after the close of the government’s evidence, as a Rule 29 motion for a judgment of acquittal. See Fed. R.Crim.P. 29. She appeals the denials of her motion to dismiss and her Rule 29 motion. She also claims that the evidence was insufficient to sustain her conviction. .

We review de novo the trial court’s denial of Riggins’s pretrial motion to dismiss based on its interpretation of 18 U.S.C. § 113(e). United States v. Blinder, 10 F.3d 1468, 1471 (9th Cir.1993). We also review de novo the denial of her Rule 29 motion for acquittal, but the test to be applied is the same as for a challenge to the sufficiency of the evidence. United States v. Lessard, 17 F.3d 303, 304 (9th Cir.1994). In deciding whether there was sufficient evidence to convict Riggins, “the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979); United States v. Lennick, 18 F.3d 814, 818 (9th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 162, 3 L.Ed.2d - (1994). We reject Riggins’s challenge to her conviction under both of these standards of review.'

Riggins argued in her motions, and argues here, first that belts and shoes are not inherently dangerous. Furthermore, Riggins argues that the belt and shoe involved here were incapable of inflicting serious bodily harm, because although she was beating Paul as hard as she could — the extent of the beating could not have been greater — Paul only suffered welts and bruises, nothing more. The government argues that the belt and shoe were dangerous weapons because of the manner in which they were used. The government is correct.

First, as a matter of law, a belt and a shoe can be dangerous weapons:

The determination whether an object constitutes a “dangerous weapon” turns not on the object’s latent capability alone, but also on the manner in which the object was used. Objects that are not dangerous weapons per se are deemed to be “dangerous weapons” within the meaning of 18 U.S.C. § 113(c) when used in a manner likely to endanger life or inflict great bodily harm. Thus, the term “dangerous weapon” is not restricted to such obviously dangerous weapons as guns, knives, and the like, but can include virtually any object given appropriate circumstances.

United States v. Guilbert, 692 F.2d 1340, 1343 (11th Cir.1982) (citations omitted), cert. denied, 460 U.S. 1016, 103 S.Ct. 1260, 75 L.Ed.2d 487 (1983). Accordingly, Count One of the indictment, alleging that Riggins assaulted Paul with a dangerous weapon, was valid.

In addition, what constitutes a dangerous weapon in a particular case is a question of fact for the jury. See United States v. Moore, 846 F.2d 1163, 1166 (8th Cir.1988).

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Bluebook (online)
40 F.3d 1055, 94 Cal. Daily Op. Serv. 8927, 94 Daily Journal DAR 16620, 1994 U.S. App. LEXIS 33277, 1994 WL 661620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ladonna-m-riggins-ca9-1994.