Bogans

MEMORANDUM ***

Earl Bogans (“Bogans”) pled guilty to three counts of conspiracy and interference with interstate commerce in connection with the attempted robbery of a Loomis-Fargo Armored Van, and the use of a firearm during a crime of violence. He now appeals his sentence.

Under the sentencing guidelines for robbery, a defendant’s offense level is increased by four points if the victim suffers serious bodily injury and by six points for permanent or life-threatening injury. See UNITED STATES SENTENCING GUIDELINES MANUAL § 2B3.1(b)(3). The district court increased Bogans’ sentence by six points for permanent bodily injury, which Bogans challenges. “A district court’s determination whether a victim has sustained a ‘permanent or life-threatening bodily injury’ is a determination of fact that we review for clear error.” United States v. Morgan, 238 F.3d 1180, 1188 (9th Cir.2001). Carlos Arroyo, the injured armored car guard, suffered both physically and mentally as a result of the robbery. At the time of trial, Arroyo was temporarily totally disabled and was expected to have permanent residuals, preventing him from heavy lifting, repeated *506 bending and stooping. These facts…