Roanhorse

United States v. Roanhorse

Good Law
68 F. App'x 90
United States Court of Appeals for the Ninth CircuitJune 19, 2003No. 02-10221; D.C. No. CR-01-00521-RCBCalifornia365 words

Opinion

Lead Opinion

MEMORANDUM **

Nevell Roanhorse appeals the 54-month sentence imposed following his jury conviction for assault resulting in serious bodily injury on an Indian Reservation, in violation of 18 U.S.C. §§ 1153 , 113(a)(6). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s interpretation of the sentencing guidelines, and we review for clear error the factual basis for the court’s decision. United States v. Dayea, 32 F.3d 1377, 1379 (9th Cir.1994). We affirm in part, and dismiss in part.

Contrary to Roanhorse’s contention, the district court properly applied a four-level upward adjustment under U.S.S.G. § 2A2.2(b)(2)(B) for use of a dangerous weapon because the jury determined intent to injure beyond a reasonable doubt when it convicted Roanhorse of Assault Resulting in Serious Bodily Injury in violation of 18 U.S.C. § 113 (a)(6). See Dayea, 32 F.3d at 1381 . Roanhorse’s sentence did not violate Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) because the basis for the enhancement was determined beyond a reasonable doubt and Roanhorse’s sentence of 54-months did not exceed the 10-year statutory maximum. See 18…

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