United States of America v. Jacquelyn Moore, a/k/a Jacquelyn Secatero

Albuquerque, New Mexico criminal defense lawyer represented the Defendant assault resultin gin serious bodily injury in Indian country in violation of 18 U.S.C. §§ 1153 and 113(a)(6).



On July 18, 2023, Jane Doe and others were standing outside the To'hajolliee Chapter House in Navajo Nation. Multiple individuals saw Ms. Moore driving a vehicle slowly toward the group. She revved her engine, picked up speed, and drove over a concrete barrier. The vehicle hit Ms. Doe and pinned her to a wall, causing the loss of her leg. By one account, Ms. Moore drove directly at the group. After hitting Ms. Doe, Ms. Moore exited the vehicle. Witnesses prevented her from fleeing, and she fell to the ground. Visibly intoxicated, she laughed and said, "I'm going to get all your people,” which a witness perceived as a threat. Ms. Moore later told police she had consumed a pint of vodka, did not remember the incident, and may have blacked out from intoxication.

Ms. Moore pled guilty to one count of assault resulting in serious bodily injury in Indian country in violation of 18 U.S.C. §§ 1153 and 113(a)(6). The Presentence Investigation Report (“PSR”) applied a four-level enhancement under U.S.S.G. § 2A2.2(b)(2)(B) for use of the vehicle as a dangerous weapon. Ms. Moore objected, arguing she “lacked the specific intent to commit bodily injury.” ROA, Vol. I at 15-16. The district court overruled the objection, finding that Ms. Moore “intended to caued bodily harm with a dangerous weapon, the car, and was not merely reckless.” The court varied upward from the Guidelines range of 37 to 46 months and sentenced her to 60 months in prison.



Affirmed