Gaybor

MEMORANDUM *

Christian Gaybor appeals his sentence for Interference with Commerce by Threats or Violence in violation of 18 U.S.C. § 1951 . We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 . We vacate the restitution order imposed by the district court and remand for imposition of a new restitution order, but otherwise affirm Gaybor’s sentence.

*215 Although it is unsettled whether we review the district court’s application of U.S.S.G. § 2B3.1(b)(3)(A) de novo or for clear error, see United States v. Greene, 964 F.2d 911, 912 (9th Cir.1992) (per curiam), Gaybor’s claim fails under either standard. The record supports the district court’s enhancement to Gaybor’s base offense level for bodily injury to the victim.

We review for clear error the district court’s factual findings underlying its application of U.S.S.G. § 2B3.1(b)(4)(A). United States v. Oliver, 60 F.3d 547, 554 (9th Cir.1995). The district court’s enhancement for abduction of the victim is supported by the record and is not clearly erroneous.

We will affirm Gaybor’s sentence if it is reasonable and not an abuse of discretion. See United States v. Menyweather, 431 F.3d 692, 701-02 (9th…