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Date: 06-08-2023
Case Style:
Case Number: 1:22-cr-00140
Judge: William M. Skretny
Court: United States District Court for the Western District of New York (Erie County)
Plaintiff's Attorney: United States Attorney’s Office in Buffalo
Defendant's Attorney:
Description: Buffalo, New York criminal defense lawyer represented Defendant charged with assaulting a federal officer and causing bodily injury.
On July 12, 2022, at approximately 4:00 p.m., Tyler Collins, age 27, of Buffalo, New York, attempted to enter the FBI-Buffalo Division main office but was denied entry by the security guards inside of the front door. At the time, three federal agents were walking back to the main office and encountered Collins, who they observed was yelling into the intercom system. Collins was heard yelling expletives while physically banging on the FBI building’s door demanding entry. One of the federal agents attempted to calm Collins, at which time Collins punched the federal agent, physically assaulting him. One of the other federal agents discharged pepper spray, in an attempt to subdue Collins, who then fled on Elmwood Avenue. Collins was later taken into custody that evening after he was found walking on Delaware Avenue.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.
18:111.F ASSAULTING/RESISTING/IMPEDING OFFICERS/EMPLOYEES 18:111(b)
(1)
(a) In General.—Whoever—
(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or
(2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person’s term of service,
shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.
(b) Enhanced Penalty.—
Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both.
(c) Extraterritorial Jurisdiction.—
There is extraterritorial jurisdiction over the conduct prohibited by this section.
Outcome: Defendant is sentenced to time served, with a three-year term of supervised release to follow, and no fine. A $100 special assessment is imposed.
Plaintiff's Experts:
Defendant's Experts:
Comments: