United States v. Robert Ahenakew

530 F. App'x 624

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 20, 2013
• Docket: 12-30298
• Status: Unpublished

Opinion

MEMORANDUM **

Robert Donald Ahenakew appeals from the district court’s judgment and challenges the 41-month sentence imposed following his guilty-plea conviction for burglary, in violation of 18 U.S.C. § 1153(a); and Mont.Code Ann. § 45-6-204(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Ahenakew contends that the district court erred by imposing a two-level enhancement under U.S.S.G. § 2B2.1(b)(4) because it was not reasonably foreseeable that Ahenakew’s codefendant would possess a dangerous weapon. We review for clear error a district court’s determination that acts by others were reasonably foreseeable for purpose of imposing a dangerous weapon enhancement, see United States v. Lavender, 224 F.3d 939, 941-42 (9th Cir.2000), and find none. The record, which indicated that Ahenakew knew that his codefendant always carried a knife, supports the district court’s conclusion that it was reasonably foreseeable that Ahenakew’s codefendant would possess a knife at the time of the burglary. See Lavender, 224 F.3d at 942; U.S.S.G. § 1B1.3(a)(1).

AFFIRMED.

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