Slaughter

United States v. Slaughter

Good Law
83 F. App'x 179
United States Court of Appeals for the Ninth CircuitDecember 8, 2003No. 03-30030; D.C. No. CR-02-00388-TSZCalifornia441 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Steven Slaughter appeals his sentence for possession and distribution of heroin, 21 U.S.C. § 841 , and extortion under color of official right, 18 U.S.C. § 1951 (the Hobbs Act). We affirm.

1. The district court found that Defendant used a “special skill, in a manner that significantly facilitated the commission” of the drug offenses. U.S.S.G. § 3B1.3. Specifically, the court found that Defendant “had substantial training” in how to conduct Terry stops, including pro *180 cedures designed to promote officer safety, and that he “used in this case” those “special skills as a police officer.”

Defendant does not argue that these are not special skills, or that he did not possess these special skills. He argues only that he did not “use” the special skills to facilitate his commission of the crime, because he lied to and stole from the suspects and because his efforts were so inept.

The fact that Defendant had a felonious motive for making a stop does not mean he failed to use his special skills as a police officer in actually effecting the stop. Additionally, even Defendant’s inept use of his special skills made it significantly easier for him to commit the…

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