United States v. Brittany Smith

MEMORANDUM

A jury convicted Brittany Smith of assault resulting in serious bodily injury. The district court found that the victim’s injury was “permanent or life-threatening bodily injury.” U.S.S.G. § 2A2.2(b)(3)(C). The district court then departed downward from the Guidelines to sentence Smith to 30 months in prison; consequently, it is unclear whether Smith suffered any prejudice from the court’s imposition of the seven-point enhancement associated with “permanent or life-threatening bodily injury.” We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Smith claims the district court erred by determining that the victim suffered “permanent or life-threatening bodily injury” because the injury did not involve “a substantial risk of death; loss or substantial impairment of the function of a bodily member, organ, or mental faculty that is likely to be permanent; or an obvious disfigurement that is likely to be permanent.” U.S.S.G. § 1B1.1 comment. (n.l(J)). Smith argues that the five-point enhancement associated with “serious bodily injury” was the proper enhancement. We review the procedural soundness of the sentence for abuse of discretion. Gall v. United States,…