USA V. RICHARD BENSON, No. 13-50019 (9th Cir. 2013)
Annotate this Case
Download PDF
FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 10 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-50019 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
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
