United States v. Aldin Two Moons

MEMORANDUM

Defendant Aldin Ray Two Moons, Sr. (“Two Moons”) appeals his sentence of fif ty-seven months of imprisonment for two counts of domestic assault by a habitual offender, in violation of 18 U.S.C. §§ 1158 (a) and 117(a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review a district court’s interpretation of the Sentencing Guidelines de novo. United States v. Rodriguez-Ocampo, 664 F.3d 1275, 1277 (9th Cir.2011) (per curiam). We apply a clearly erroneous standard of review to a district court’s findings of fact. United States v. McEnry, 659 F.3d 893, 896 (9th Cir.2011). “There is an intracircuit conflict as to whether the standard of review for application of the Guidelines to the facts is de novo or only for abuse of discretion[.]” Id. at 896 n. 5 (citation and internal quotation marks omitted). The conflict, however, does not affect the outcome of this case because we would reach the same result under either standard.

First, Two Moons argues that the district court’s imposition of a two-level enhancement pursuant to United States Sentencing Guidelines (“USSG”) § 2A6.2(b)(l)(D) for a pattern of activity involving stalking, threatening,…