Maldonado-Quijada

MEMORANDUM **

Francisco Maldonado-Quijada appeals the 63-month sentence imposed after his guilty-plea conviction to one count of illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 , and one count of destruction of government property, in violation of 18 U.S.C. § 1361 . We have jurisdiction under 18 U.S.C. § 3742 , and we affirm.

We review a district court’s interpretation of the Sentencing Guidelines de novo, and a district court’s factual findings in the sentencing phase for clear error. United States v. Garcia, 135 F.3d 667, 669 (9th Cir.1998). We review a district court’s application of the Guidelines to the facts of a particular case for an abuse of discretion. United States v. Johansson, 249 F.3d 848, 858 (9th Cir.2001).

Maldonado-Quijada contends the district court erred by imposing a three-level official-victim upward adjustment because there was insufficient evidence of an assault or threat on a law-enforcement officer. The Guidelines define assault as a “substantial risk of serious bodily injury,” U.S.S.G. § 3A1.2(b), and do not require that such an assault actually harm an officer. See United States v. Hernandez-Sandoval, 211 F.3d 1115, 1118 (9th Cir.…