Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 2:14-cr-20136-1—Stephen J. Murphy III, District Judge.
Decided and Filed: August 29, 2017
Before: MOORE, STRANCH, and DONALD, Circuit Judges.
KAREN NELSON MOORE, Circuit Judge. Defendant-Appellant Ronnie Edward Duke
was sentenced to a 97-month term of imprisonment for assaulting an Assistant United States
Attorney at a hearing in a separate case. During the incident, Duke struck the attorney’s head
against and pushed the attorney’s legs into a table in the courtroom, causing bruising and an
abrasion. At sentencing, the district court determined that the table was a “dangerous weapon”
under the United States Sentencing Commission Guidelines Manual (“the Guidelines”), which
triggered sentencing enhancements that Duke challenges on appeal. Duke also argues that some
of these enhancements constitute impermissible double counting for the same conduct. Because
Duke used the courtroom table under the circumstances as a dangerous weapon and because no
impermissible double counting occurred, we AFFIRM the sentence below.