Benitez-Navarrete

MEMORANDUM **

Jesus Benitez-Navarrete appeals his one-hundred sixty-two month sentence imposed following his guilty plea conviction for conspiracy, 18 U.S.C. § 371 , hostage taking, 18 U.S.C. § 1203 , and use and possession of a firearm in commission of a violent crime, 18 U.S.C. § 924 (c). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Benitez-Navarrete contends that the district court erred by enhancing his sentence pursuant to U.S.S.G. § 2A4.1(b)(l) for making a ransom demand because § 2A4.1(b)(l) is inapplicable to the offense of hostage taking. Benitez-Navarrete also contends that the district court’s factual findings are insufficient to sustain the ransom demand enhancement. We review the district court’s interpretation of the sentencing guidelines de novo, and the factual findings underlying the sentencing decision for clear error. United States v. Jordan, 256 F.3d 922, 926 (9th Cir.2001).

Contrary to Benitez-Navarrete’s contention, making a ransom demand need not be an element of the charged offense in order to be properly considered at sentencing. See United States v. MorenoHernandez, 48 F.3d 1112, 1115 (9th Cir.1995). Moreover, the…