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

United States v. Bryon Petz

United States v. Bryon Petz
U.S. Court of Appeals for the Ninth Circuit · Decided December 31, 2012 · Goodwin, Wallace, Fisher
503 F. App'x 509

United States v. Bryon Petz

Opinion

MEMORANDUM **

Bryon Walter Petz appeals from the district court’s judgment and challenges the 24-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Petz contends that the district court erred by applying a six-level official victim enhancement under U.S.S.G. § 3A1.2(c)(1). The record supports the district court’s finding that Petz’s conduct in resisting arrest created a substantial risk of serious bodily injury to the arresting officer; thus, the district court did not abuse its discretion in imposing the enhancement. See U.S.S.G. § 3A1.2(c)(1); United States v. Anchrum, 590 F.3d 795, 805 (9th Cir. 2009) (district court’s imposition of enhancement under U.S.S.G. § 3A1.2(c)(1) reviewed for abuse of discretion).

AFFIRMED.

**

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

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