United States v. Darrell Sullivan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that in determining whether defendant intended to carry out threat, courts have not only looked at “overt activity” but also to nature of threats themselves
• upholding enhancement based upon defendant shooting out victim’s husband’s car -windows and his verbal repetition of threats against victim to law enforcement officer
• upholding enhancement based upon defendant shooting out victim’s husband’s car windows and his verbal repetition of threats against victim to law enforcement officer
• enhancement imposed due in part to fact that defendant previously acted out his hostility toward victim
• “[I]t is the responsibility of the district court to distinguish mere talk from talk which evidences an intent to act.”
• \this panel is bound by the en banc decision in Poff and thus we affirm the district court's denial of a downward departure under S 5K2.13\

Source: CourtListener parenthetical corpus (CC0).