United States v. Gene Guardipee, Sr.

MEMORANDUM

Defendant-Appellant Gene Guardipee, Sr., raises procedural and substantive challenges to his sentence after pleading guilty to Assault Resulting in Serious Bodily Injury, in violation of 18 U.S.C. § 113 (a)(6). We presume the parties’ familiarity with the facts and do not recount them here except as necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

“We review the district court’s interpretation of the Sentencing Guidelines de novo, the district court’s application of the Guidelines to the facts for abuse of discretion, and the district court’s factual findings for clear error.” United States v. Loew, 593 F.3d 1136, 1139 (9th Cir.2010) (internal quotation marks omitted).

The district court did not err in applying a four-level enhancement pursuant to § 2A2.2(b)(2)(B) of the Guidelines. U.S. Sentencing Guidelines Manual § 2A2.2(b)(2)(B) (2009). The district court properly determined that there was intent to cause bodily injury. See United States v. Dayea, 32 F.3d 1377, 1380 (9th Cir.1994) (holding that § 2A2.2(b)(2)(B) requires intent to injure). The district court’s conclusion that Guardipee possessed the requisite…