United States v. Maynard Michael Old Chief

36 F.3d 1103 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Maynard Michael OLD CHIEF, Defendant-Appellant. No. 94-30121. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1994. * Decided Sept. 22, 1994. Before: SNEED, WIGGINS, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Maynard Michael Old Chief appeals his sentence under the Sentencing Guidelines for his guilty plea conviction to three counts of assault on federal officers in violation of 18 U.S.C. Sec. 111 . Old Chief contends that the district court erred in setting the Guideline Range when it added four levels for "serious bodily injury" pursuant to U.S.S.G. Sec. 2A2.2(b)(3)(B), because the officer's injuries more properly fit the definition of "bodily injury" warranting only a two level increase. "Serious bodily injury" involves an injury with " 'extreme physical pain ... or requiring medical intervention such as surgery, hospitalization, or…