U.S. Court of Appeals for the Ninth Circuit, 2012

United States v. David Spotted Eagle

United States v. David Spotted Eagle
U.S. Court of Appeals for the Ninth Circuit · Decided November 19, 2012 · Canby, Trott, Fletcher
498 F. App'x 706

United States v. David Spotted Eagle

Opinion

MEMORANDUM **

David Lee Spotted Eagle appeals from the 57-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.

Spotted Eagle contends that the district court erred by applying a two-level vulnerable victim enhancement pursuant to U.S.S.G. § 3Al.l(b)(l). Specifically, he contends that there was insufficient evidence to support the court’s finding that the victim was asleep. The court’s finding is supported by the record and is not clearly erroneous. See United States v. Holt, 510 F.3d 1007, 1010 (9th Cir. 2007).

To the extent Spotted Eagle contends that the district court procedurally erred by failing to explain why the enhancement was warranted, this contention fails. See *707 United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).

AFFIRMED.

**

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

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