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U.S. v. STUDNICKA

Civil Action No. 1:05-CR-137.

450 F.Supp.2d 680 (2006)

UNITED STATES of America v. Sean Allen STUDNICKA, Defendant.

United States District Court, E.D. Texas, Beaumont Division.

October 12, 2006.

Attorney(s) appearing for the Case

Randall Lynn Fluke, U.S. Attorney's Office, Beaumont, TX, for Plaintiff.

Gary R. Bonneaux, Federal Defender's Office, Beaumont, TX, for Defendant.

SENTENCING MEMORANDUM

CLARK, District Judge.

Sean Allen Studnicka, a prisoner at U.S.P. Beaumont, rushed out of his cell and bit Lieutenant Rayburn on the arm. Studnicka is HIV positive. He pled guilty to forcibly assaulting a correctional officer. In the Plea Agreement, the parties stipulated that the base offense level under U.S.S.G. § 2A2.4 (2000)1 was 15. At the sentencing...

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