Denny

MEMORANDUM **

Defendant Mark Justin Denny was charged with assault with a dangerous weapon in violation of 18 U.S.C. §§ 113 (a)(3) and 1153(a). He pled guilty to this offense. Mr. Denny appeals from *693 the district court’s order sentencing him to 96 months in prison on the ground that the district court erred in enhancing his sentence by three-levels pursuant to the “official victim” enhancement under U.S.S.G. § 3A1.2(a)(l)(A) for assaulting a tribal police officer. Section 3A1.2(a)(1)(A) provides for a three-level enhancement if the victim of the crime is an “official victim,” ie., a government officer or employee. Mr. Denny contends that a tribal police officer is not an “official victim” within the meaning of § 3A1.2(a)(1)(A).

The record reflects that Mr. Denny’s counsel agreed to the application of the “official victim” enhancement under § 3A1.2(a)(l)(A) at the sentencing hearing “because the victim was a government officer, which we don’t object to.” Accordingly, Mr. Denny waived his right to raise this issue on appeal. See United States v. Visman, 919 F.2d 1390, 1393 (9th Cir.1990) (holding that defendant waived his right to challenge on appeal a two-level increase for…