United States v. Richard Benson

542 F. App'x 569

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 10, 2013
• Docket: 13-50019
• Status: Unpublished

Opinion

MEMORANDUM **

Richard Benson appeals the sentence imposed following his conviction by a jury of misdemeanor assault on a federal officer in violation of 18 U.S.C. § 111. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

We review a district court’s application of the Sentencing Guidelines to the facts of a case for abuse of discretion. United States v. Gardas-Guerrero, 635 F.3d 435, 438 (9th Cir.2010). The district court did not abuse its discretion here. It properly referred to the statutory index in Appendix A of the United States Sentencing Guidelines (USSG) to select the guideline applicable to the offense for which Benson was convicted. United States v. Talcaha-shi, 205 F.3d 1161, 1166 (9th Cir.2000). The index lists U.S.S.G. § 2A2.4 as the guideline applicable to a conviction under 18 U.S.C. § 111. Section 2A2.4, in turn, cites specifically to 18 U.S.C. § 111 and takes into account that the offense of conviction involved a federal officer acting in the course of his duty.

AFFIRMED.

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