United States Ninth Circuit

A sentence for assault resulting in substantial bodily injury and misprision of felony is: 1) affirmed in part, where a) the district court properly applied a USSG section 2A2.2(b)(2)(B) enhancement, because the belt used by the defendant's husband was employed as a "dangerous weapon", and b) there was no abuse of discretion in adding an enhancement under USSG section 3B1.4, because it was reasonably foreseeable to the defendant that her husband would use a minor to avoid being held responsible for the victim's murder; but 2) reversed in part, where the district court was required to set the sentence for the misprision of felony offense at no more than three years, and there was error in calculating the combined offense level under USSG section 3D1.4.

Appellate Information

• Decided 04/13/2012
• Published 04/13/2012

Judges

• Tallman

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• L. Sanford Selvey II, Michael S. Shin