United States v. Dennis Hoffman, Also Known as Lawrence Hoffman, 9 F.3d 49 (8th Cir. 1993). · Go Syfert
United States v. Dennis Hoffman, Also Known as Lawrence Hoffman, 9 F.3d 49 (8th Cir. 1993). Cases Citing This Book View Copy Cite
17 citation events (13 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Brown (ca10, 2025-12-30)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Brown
10th Cir. · 2025 · confidence medium
See United States v. Lucien, 347 F.3d 45 , 56-57 (2d Cir. 2003) (upholding application of the enhancement where “the district court . . . found that the serious risk of bodily injury was inherent to [staged collisions]” because “the risk of bodily injury inheres in any deliberately caused accident” and “the risk of bodily injury is patent in this type of criminal activity” (brackets and internal quotation marks omitted)); United States v. Hoffman, 9 F.3d 49, 50 (8th Cir. 1993) (upholding enhancement “[b]ecause a risk of [serious bodily injury] is inherent in the automobile accide…
discussed Cited as authority (rule) United States v. David Sosa-Baladron
6th Cir. · 2020 · confidence medium
See United States v. Lucien, 347 F.3d 45, 56 (2d Cir. 2003) (upholding sentence enhancement in a fraud scheme involving staged accidents where the district court found that the “risk of bodily injury inheres in any deliberately caused accident” and that “the risk of bodily injury is patent in this type of criminal activity”); United States v. Hoffman, 9 F.3d 49, 50 (8th Cir. 1993) (per curiam) (upholding sentence enhancement for a defendant who arranged low-speed automobile accidents and submitted fraudulent claims to insurance companies because the risk of seriously bodily injury was …
discussed Cited as authority (rule) United States v. Carl Bradley Johansson (2×)
9th Cir. · 2001 · confidence medium
See United States v. Vivit, 214 F.3d 908, 920 (7th Cir.), cert. denied, — U.S.-, 121 S.Ct. 388 , 148 L.Ed.2d 299 (2000) (holding that the district court properly applied the § 2Fl.l(b)(6)(A) enhancement and explaining that the issue is “whether the defendant’s fraudulent course of conduct created a risk that others would suffer serious bodily injury”); United States v. Hoffman, 9 F.3d 49, 50 (8th Cir.1993) (holding that under § 2F1.1(b)(6)(A) the government does not have to prove that the defendant intended serious harm, but only that he intended the conduct that created the risk of …
discussed Cited "see" Dobbins v. State (2×) also: Cited "see, e.g."
Tex. App. · 2007 · signal: see · confidence high
See Hoffman, 9 F.3d at 50 ; Johnston, 150 S.W.3d at 638 ; Dolkart, 197 S.W.3d at 891 .
discussed Cited "see" Jeffery Tramone Dobbins v. State (2×) also: Cited "see, e.g."
Tex. App. · 2007 · signal: see · confidence high
See Hoffman , 9 F.3d at 50 ; Johnson , 150 S.W.3d at 638 ; Dolkart , 197 S.W.3d at 891 .
discussed Cited "see" United States v. Lucien
2d Cir. · 2003 · signal: see · confidence high
See United States v. Hoffman, 9 F.3d 49, 50 (8th Cir.1993) (per curiam) (upholding application of § 2F1.1(b)(4)(A) adjustment in a nearly identical case where the defendant deliberately caused accidents, feigned injuries and submitted fraudulent medical bills).
discussed Cited "see" United States v. Lucien
2d Cir. · 2003 · signal: see · confidence high
See United States v. Hoffman, 9 F.3d 49, 50 (8th Cir.1993) (per curiam) (upholding application of § 2F1.1(b)(4)(A) adjustment in a nearly identical case where the defendant deliberately caused accidents, feigned injuries and submitted fraudulent medical bills).
discussed Cited "see, e.g." Pena v. State
Tex. App. · 2017 · signal: see, e.g. · confidence medium
See, e.g., Dobbins v. State, 228 S.W.3d 761, 768 (Tex. App.-Houston [14th Dist.] 2007, pet. dism’d) (citing United States v. Hoffman, 9 F.3d 49, 50 (8th Cir. 1993) (per curiam) (rejecting argument that there was no risk of serious bodily injury in causing slow-speed automobile collisions and stating “a risk of this kind of injury is inherent in the automobile accidents”)); Pena v. State, No. 07-15-00016-CR, 2015 WL 6444831 , at *3 (Tex. App.Amarillo Oct. 22, 2015, no pet.) (mem. op., not designated for publication) (finding testimony that vehicle was capable of causing death or serious i…
discussed Cited "see, e.g." United States v. Susan S. Hall
6th Cir. · 1995 · signal: see also · confidence low
See also United States v. Hoffman, 9 F.3d 49 (8th Cir.), cert. denied, — U.S. -, 114 S.Ct. 1320 , 127 L.Ed.2d 669 (1994) (defendant arranged slow-speed accidents, feigned injury, and submitted fraudulent insurance claims for medical bills and lost wages).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Dennis HOFFMAN, Also Known as Lawrence Hoffman, Appellant
93-2521.
Court of Appeals for the Eighth Circuit.
Nov 8, 1993.
9 F.3d 49
Carter C. Law of St. Louis, MO, for appellant. -, Raymond W. Gruender, St. Louis, MO (Stephen B. Higgins and Raymond W. Gruender on the brief), for appellee.
Bowman, Fagg, Loken, Per Curiam.
Cited by 12 opinions  |  Published
PER CURIAM.

Dennis Hoffman pleaded guilty to two counts of mail fraud. See 18 U.S.C. §§ 1341, 1342 (1988). Hoffman planned and participated in a scheme to defraud automobile insurance companies. Hoffman would drive in front of unsuspecting motorists who were traveling at slow speeds and slam on his brakes to cause collisions. Hoffman and his passengers would then feign injuries and submit fraudulent medical bills and wage-loss statements to insurance companies. The district court sentenced Hoffman to two concurrent fifty-month terms of imprisonment. Hoffman appeals his sentence, and we affirm.

Hoffman contends that the district court improperly increased his base offense level under U.S.S.G. § 2Fl.l(b)(4) (Nov. 1992), which provides for an increase “[i]f the offense involved the conscious or reckless risk of serious bodily injury.” According to Hoffman, he arranged only slow-speed automobile accidents, and thus, there was no risk of serious bodily injury. We disagree. The Guidelines define serious bodily injury as “injury involving extreme physical pain or the impairment of a function of a bodily member, organ, or mental faculty; or requiring medical intervention such as surgery, hospitalization, or physical rehabilitation.” U.S.S.G. § 1B1.1, comment, (n. l(j)). Because a risk of this kind of injury is inherent in the automobile accidents Hoffman arranged, the district court properly applied § 2Fl.l(b)(4). Contrary to Hoffman’s view, the Government does not have to show that Hoffman intended serious bodily injury, only that Hoffman intended to cause the accidents. See United States v. Guadagno, 970 F.2d 214, 222 (7th Cir.1992) (proving reckless endangerment under U.S.S.G. § 2K1.4 requires showing that defendant intended to cause dangerous fire, not consciously harm others).

We also reject Hoffman’s contention that the victims of the fraud, in this ease the insurance companies, must face the risk of serious bodily injury for § 2Fl.l(b)(4) to apply. Unlike other guidelines sections that apply only if the offense involves injury to a victim of the offense, see, e.g., United States v. Passmore, 984 F.2d 933, 936-37 (8th Cir.1993) (holding U.S.S.G. § 5K2.3 applies only to direct victim of crime), § 2Fl.l(b)(4) does not specify any particular person who must face the risk of injury. Even if § 2Fl.l(b)(4) did limit its application to offenses that involve the risk of injury to a victim of the offense, we believe the section would still apply in this case because the drivers of the other automobiles can be considered victims. See United States v. Muhammad, 948 F.2d 1449, 1455-56 (6th Cir.1991) (construing robbery “victim” under U.S.S.G. § 2B3.1(b)(3) broadly to include employees, bystanders, customers, or police, officers), cert. denied, - U.S. -, 112 S.Ct. 1239, 117 L.Ed.2d 472 (1992); United States v. Fleming, 8 F.3d 1264, 1267 (8th Cir.1993) (construing “victim” of felon in possession of a firearm to include police officer assaulted by[*51] defendant for purposes of § 3A1.2(b)). U.S.S.G.

Finally, Hoffman contends the district court committed error in increasing his base offense level for his role as “an organizer or leader of a criminal activity involving five or more participants.” U.S.S.G. § 3Bl.l(a). Hoffman does not challenge the district court’s finding that his criminal activity involved five or more persons, but instead, contends there is not sufficient evidence to show he was the organizer or leader. In a sworn statement, however, Hoffman described himself as the ringleader and Hoffman stipulated that he planned the scheme. Thus, we conclude the district' court’s § 3Bl.l(a) increase was not clearly erroneous. See United States v. Jagim, 978 F.2d 1032, 1042 (8th Cir.1992), cert. denied, — U.S.—, 113 S.Ct. 2447, 124 L.Ed.2d 664 (1993).

Accordingly, we affirm the district court.