United States v. Mark Ghiglieri

19 F.3d 30 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Mark GHIGLIERI, Defendant-Appellant. No. 93-30264. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 11, 1994. Before: FLETCHER, BRUNETTI and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Mark A. Ghiglieri appeals his 18-month sentence imposed following a guilty plea to attempted destruction of property with an explosive device in violation of 18 U.S.C. Sec. 844 (i). Ghiglieri contends the district court erred by increasing his base offense level pursuant to U.S.S.G. Sec. 2K1.4(a)(2) based on its finding that the offense created a substantial risk of injury to other persons and endangered a structure. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review the district court's application of the Sentencing Guidelines de novo. See United States v. Karlic, 997 F.2d 564, 569 (9th Cir.1993). We review for clear error the…