Ryg

United States v. Ryg

Good Law
52 F. App'x 425
United States Court of Appeals for the Ninth CircuitDecember 12, 2002No. 02-50265; D.C. No. CR-01-2861-BTMCalifornia267 words

Opinion

Lead Opinion

MEMORANDUM **

Keith Parrish Ryg appeals his sentence for assault on a federal officer, United States Customs Inspector Richard Hansen, in violation of 18 U.S.C. §§ 111 (a)(1) and (b). Ryg contends that the district court erred by applying the Sentencing Guideline for aggravated assault (USSG § 2A2.2 1 ), rather than the Guideline for obstructing officers (USSG § 2A2.4). We affirm.

We review de novo the district court’s interpretation and application of the Sentencing Guidelines. United States v. Garcia-Gamacho, 122 F.3d 1265, 1267 (9th Cir.1997); United States v. Sanchez, 914 F.2d 1355, 1361-62 (9th Cir.1990), cert. denied, 499 U.S. 978 , 111 S.Ct. 1626 , 113 L.Ed.2d 723 (1991). We review the district court’s factual findings at the sentencing phase for clear error. Garcia-Camacho, 122 F.3d at 1267 .

It was not clear error for the district court to find that Inspector Hansen’s injuries were caused by Ryg’s assault. See Garcia-Camacho, 122 F.3d at 1267 ; United States v. Karterman, 60 F.3d 576, 580 (9th Cir.1995). Nor did the district court err in finding that Inspector Hansen’s injuries constituted serious bodily harm. See Garcia-Camacho, 122 F.3d at 1267 ; United States v.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.