USA V. BRYON PETZ, No. 12-30157 (9th Cir. 2012)

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FILED DEC 31 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-30157 D.C. No. 9:11-cr-00048-DWM v. MEMORANDUM * BRYON WALTER PETZ, Defendant - Appellant. Appeal from the United States District Court for the District of Montana Donald W. Malloy, District Judge, Presiding Submitted December 19, 2012 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. 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. * 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). § 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. 2 12-30157

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