United States v. Knott

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41462
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILLIE J. KNOTT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:98-CR-70-1
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August 25, 1999
Before KING, Chief Judge, and DAVIS and SMITH, Circuit Judges.
PER CURIAM:*
Willie J. Knott appeals his sentence stemming from his
guilty-plea conviction for assault with intent to rob a postal
employee, in violation of 18 U.S.C. § 2114. He argues that the
district court erred by increasing his offense level pursuant to
U.S.S.G. § 2B3.1(b)(3)(B) because the injury sustained by the
postal employee during the robbery was not serious.
It is not controverted that following the robbery, the
postal employee (1) suffered from nightmares and panic and
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 98-41462
-2-
anxiety attacks; (2) was taking antidepressants; (3) was
receiving mental health counseling; and (4) was unable to return
to work. The employee was ultimately diagnosed as suffering from
Post Traumatic Stress Disorder (PTSD) and her prognosis was
“guarded.”
Thus, there was reliable evidence in the presentence report
and the record that the postal employee suffered a serious bodily
injury within the meaning of § 2B3.1(b)(3)(B). Accordingly, the
district court did not err. See United States v. Reed, 26 F.3d
523, 530-31 (5th Cir. 1994)(holding that “post traumatic stress
disorder” could be a “serious bodily injury” for purposes of
§ 2B3.1(b)(3)(B)). The Government’s motion to consolidate the
instant appeal with the appeal in United States v. Jones, No. 98-
41488 is denied.
AFFIRMED; MOTION DENIED.