United States v. Goodbear, No. 10-30381 (9th Cir. 2012)
Annotate this CaseDefendant appealed her sentence of 37 months in custody, three years of supervised release, and restitution, imposed following her guilty plea to assault resulting in substantial bodily injury. The victim was defendant's daughter. The court held that the district court properly applied the four-level enhancement pursuant to U.S.S.G. 2A2.2(b)(2)(B) because the belt used by the victim's father to beat her with was employed as a "dangerous weapon." The court held that there was no abuse of discretion in adding the two-level enhancement under U.S.S.G. 3B1.4 because it was reasonably foreseeable to defendant that her husband would use K.H., a minor, to avoid being held responsible for the victim's murder. Because both enhancements were reasonable, the court rejected defendant's claim that her sentence was unreasonable under 18 U.S.C. 3553(a). However, defendant's sentence for the misprision of felony offense exceeded the statutory minimum in 18 U.S.C. 4 and therefore, the court vacated the sentence in part. Nor did either party alert the court to another error that could have occurred in calculating the combined offense level under U.S.S.G. 3D1.4.
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