United States v. Orrin Hernandez

473 F. App'x 625

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 21, 2012
• Docket: 11-30235
• Status: Unpublished

Opinion

MEMORANDUM **

Orrin Eugene Hernandez appeals from the 37-month sentence imposed following his guilty-plea conviction for assault resulting in serious bodily injury, in violation of 18 U.S.C. §§ 1153(a) and 113(a)(6). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Hernandez contends that the district court erred in imposing a two-level vulnerable victim enhancement. The district court did not abuse its discretion in imposing the enhancement. See U.S.S.G. § 3A1.1(b); United, States v. Rising Sun, 522 F.3d 989, 993 (9th Cir.2008) (imposition of vulnerable victim enhancement is reviewed for abuse of discretion); United States v. Weischedel, 201 F.3d 1250, 1254-55 (9th Cir.2000) (to determine vulnerability, the court examines “personal traits of the victims and the specific circumstances in which the victims found themselves when the crimes were committed, and ask[s] whether there were any characteristics or circumstances that made the victims particularly susceptible to the crime”).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.