United States v. Ismael Morin-Montalbo

77 F.3d 491 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ismael MORIN-MONTALBO, Defendant-Appellant. No. 95-50267. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1996. * Decided Feb. 12, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Ismael Morin-Montalbo appeals his sentence for assault on a federal officer in violation of 18 U.S.C. §§ 111 (a)(1) and (b). Morin-Montalbo contends that the district court erred by applying the Sentencing Guideline for aggravated assault (U.S.S.G. § 2A2.2), rather than the Guideline for obstructing officers (U.S.S.G. § 2A2.4). We have jurisdiction under 28 U.S.C. § 1291 and affirm. 1 3 Morin-Montalbo was charged with two counts of assaulting or impeding a federal officer in violation of 18 U.S.C. §§ 111 (a)(1) and (b). A jury convicted Morin-Montalbo of one of the assault counts, but failed to reach a…