United States v. Jack Alan Geston, United States of America v. Jack Alan Geston

Defendant/Appellant Jack A. Geston (“Geston”) appeals his conviction for violations of 18 U.S.C. § 242 (unreasonable use of force under color of law) and 18 U.S.C. §§ 113 (a)(3), (6) and (7) (assault with a dangerous weapon resulting in serious bodily harm). The government filed a cross-appeal of the sentence on the basis that the court erred in not enhancing Ge-ston’s sentence because he committed the offense while acting as a police officer.

BACKGROUND

Geston, a police officer with the Department of Defense (“DOD”), was charged with assaulting Seaman Apprentice Jose Hernandez III (“Hernandez”) on board the U.S.S. Rentz.

Geston first encountered Hernandez at a fast food restaurant. Having failed a field sobriety test, Hernandez was handcuffed and taken to the police station by Geston and his partner for the evening, Petty Officer William Garrett (“Garrett”). Hernandez was later returned to his ship by the two officers.

Upon entering the ship, Geston and Garrett escorted Hernandez to the podium where Petty Officer Holden (“Holden”), the officer of the deck, was stationed. As Hernandez proceeded into the ship’s passageway, he called Geston a “stupid fat fuck.” There is…