United States of America v. Bryon Walter Petz

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BRYON WALTER PETZ,
Defendant - Appellant.
No. 12-30157
D.C. No. 9:11-cr-00048-DWM
MEMORANDUM*
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.
FILED
DEC 31 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-30157 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.

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