Morley

United States v. Morley

Good Law
103 F. App'x 206
United States Court of Appeals for the Ninth CircuitJune 28, 2004No. 03-30427California492 words

Opinion

Lead Opinion

MEMORANDUM **

Shannon Bruce Morley appeals his 92-month sentence, which resulted from his guilty plea to the malicious use of fire to damage property used in interstate commerce, in violation of 18 U.S.C. § 844 (i). Morley contends that the district court erred when it increased his base offense level by four levels under U.S.S.G. § 2K1.4(a)(1)(A). We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm the sentence imposed by the district court.

Whether a defendant knowingly created a substantial risk of death or serious bodily injury is a factual question. United States v. Karlic, 997 F.2d 564, 568 (9th Cir.1993). We therefore review the district court’s findings in support of a sentencing enhancement pursuant to U.S.S.G. § 2K1.4 for clear error. Id.

U.S.S.G. § 2K1.4(a)(l)(A) provides a base offense level of 25 if “the offense created a substantial risk of death or serious bodily injury to any person other than a participant in the offense, and that risk was created knowingly.” Morley argues that U.S.S.G. § 2K1.4(a)(2)(A) required a base offense level of 20 because Morley acted without knowledge of the substantial risk.

A person acts knowingly in…

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