United States v. Reisdorfer, No. 12-5565 (6th Cir. 2013)
Annotate this CaseInmates at a federal prison celebrated Super Bowl Sunday by drinking liquor. MacAnally, become belligerent and told inmate Church that he intended to stab inmate Reisdorfer. Church, who outranked Reisdorfer and MacAnally in the Aryan Brotherhood, hit MacAnally to force him to abandon the plan. MacAnally apologized, but eventually became belligerent again. The three had another confrontation later, in MacAnally’s cell. Reisdorfer hit MacAnally in the head, knocking him down. Church told Reisdorfer to “kick [MacAnally’s] ass and put him to bed” and left the cell. Reisdorfer beat and stabbed MacAnally and went to get Church. When they returned to the cell, MacAnally was unconscious on the floor, making “a funny noise,” and bleeding profusely. Guards found him later. MacAnally suffered massive head trauma, a collapsed lung, and two stab wounds He has not regained consciousness. Church pleaded guilty to assaulting an inmate resulting in serious bodily harm, 18 U.S.C. 113(a)(6) and received a below-guidelines sentence of 57 months. Reisdorfer pleaded guilty to the same charge and was sentenced to 65 months of imprisonment. The judge ordered Reisdorfer to pay restitution of $121,496.56. The Sixth Circuit affirmed, rejecting challenges to denial of Church’s motion for a downward departure based on his claim that the victim provoked his conduct and to the restitution order, payable to a third party, the Bureau of Prisons.
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