Pepion
United States v. Pepion
Opinion
Lead Opinion
MEMORANDUM **
Steward Ray Pepion appeals from his sentence of 120 months imposed following a guilty plea to assault on a federal employee, in violation of 18 U.S.C. §§ 111 (a)(1) & (b). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Pepion contends that the district court erred in applying a six-level upward adjustment, pursuant to U.S.S.G. § 3A1.2, based on its finding that Pepion knew or had reasonable cause to believe that his victim was a law enforcement officer. Given that the victim was assaulted while wearing a police uniform and responding to an emergency call necessitated by Pep-ion’s violent behavior, and given that Pep-ion had met the victim in his official capacity a number of times before the instant offense, the district court did not clearly err in imposing the six-level adjustment. See U.S.S.G. § 3A1.2, Application Note 4; cf. United States v. Sanchez, 914 F.2d 1355, 1363-64 (9th Cir.1990).
Pepion next contends that the district court failed to consider some of the 18 U.S.C. § 3553 (a) factors, and thus, that his sentence is unreasonable. We disagree. We conclude that the sentence is not unreasonable.