United States v. Kimber

Defendant plead guilty to use and possession of a chemical weapon in violation of 18 U.S.C. 229(a)(1) and consumer product tampering in violation of 18 U.S.C. 1365(a). Defendant's conviction stemmed from his dispersing liquid mercury at the Albany Medical Center (AMC) on four occasions in retaliation for what he considered to be substandard care and excessive billing. The court concluded that defendant's attempt to deter the public from seeking treatment at a regionally important medical center for fear of exposure to a dangerous chemical violates section 229(a)(1); the court rejected defendant's claim of ineffective assistance of counsel based on counsel's failure to challenge defendant's prosecution under section 229(a)(1); and defendant's sentence was procedurally reasonable where the district court did not err in applying a two-level offense adjustment for use of a special skill in the commission of the offenses, in applying a two-level adjustment for the vulnerability of the victims of the offenses, in adequately considering the 18 U.S.C. 3553(a) factors, and in explaining its choice of sentence. Accordingly, the court affirmed the judgment of the district court. View "United States v. Kimber" on Justia Law