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Date: 07-30-2021
Case Style:
Case Number: 2:19-cr-04103-JCH
Judge: Judith C. Herrera
Court: United States District Court for the District of New Mexico (Dona County)
Plaintiff's Attorney: New Mexico United States Attorney’s Office
Defendant's Attorney:
Description: Las Cruces, New Mexico criminal defense lawyer represented Defendant charged with assault resulting in serious bodily injury in Indian Country.
William Monte Hosetosavit, age 27, assaulted Jane Doe in Otero County, New Mexico, on the Mescalero Apache Reservation. Hosetosavit hit the victim in the face with his elbow causing prolonged disfigurement to her eye socket.
The Mescalero Agency of the Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Aaron O. Jordan prosecuted the case.
18:113(a)(6) and 1153: Assulat Resulting in Serious Bodily Injury
(1)
§113. Assaults within maritime and territorial jurisdiction
(a) Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows:
(1) Assault with intent to commit murder, by imprisonment for not more than twenty years.
(2) Assault with intent to commit any felony, except murder or a felony under chapter 109A, by a fine under this title or imprisonment for not more than ten years, or both.
(3) Assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, by a fine under this title or imprisonment for not more than ten years, or both.
(4) Assault by striking, beating, or wounding, by a fine under this title or imprisonment for not more than six months, or both.
(5) Simple assault, by a fine under this title or imprisonment for not more than six months, or both, or if the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 1 year, or both.
(6) Assault resulting in serious bodily injury, by a fine under this title or imprisonment for not more than ten years, or both.
(7) Assault resulting in substantial bodily injury to an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 5 years, or both.
(b) As used in this subsection—
(1) the term “substantial bodily injury” means bodily injury which involves—
(A) a temporary but substantial disfigurement; or
(B) a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty; and
(2) the term “serious bodily injury” has the meaning given that term in section 1365 of this title.
§1153. Offenses committed within Indian country
(a) Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnapping, maiming, a felony under chapter 109A, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury (as defined in section 1365 of this title), an assault against an individual who has not attained the age of 16 years, felony child abuse or neglect, arson, burglary, robbery, and a felony under section 661 of this title within the Indian country, shall be subject to the same law and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States.
(b) Any offense referred to in subsection (a) of this section that is not defined and punished by Federal law in force within the exclusive jurisdiction of the United States shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense.
Outcome: Defendant was sentenced to two years and seven months. Upon completion of his sentence, Hosetosavit will be subject to three years of supervised release.
Plaintiff's Experts:
Defendant's Experts:
Comments: