United States v. Richard Benson

FILED
NOT FOR PUBLICATION OCT 10 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50019
Plaintiff - Appellee, D.C. No. 3:12-cr-02864-CAB-1
v.
MEMORANDUM*
RICHARD JOSEPH BENSON,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Cathy Ann Bencivengo, District Judge, Presiding
Submitted October 7, 2013**
Pasadena, California
Before: FERNANDEZ, PAEZ, and HURWITZ, Circuit Judges.
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.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We review a district court’s application of the Sentencing Guidelines to the
facts of a case for abuse of discretion. United States v. Garcia-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. Takashi, 205 F.3d 1161, 1166 (9th Cir. 2000). The
index lists USSG § 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.
2