Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Joseph E. Thaggard, Esq., USGF-Office of the U.S. Attorney, Great Falls, MT, for Plaintiff-Appellee.
David F. Ness, Esq., FDMT-Federal Defenders of Montana, Great Falls, MT, for Defendant-Appellant.
Appeal from the United States District Court for the District of Montana, Sam E. Haddon, District Judge, Presiding. D.C. No. CR-04-00128-SEH.
Before: T.G. NELSON, W. FLETCHER, and RAWLINSON, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Lonnie R. Stinnett appeals from the 63-month sentence following his guilty-plea conviction for assault with a dangerous weapon in violation of 18 U.S.C. §§ 113(a)(3) and 1152.
Stinnett contends that the district court erred in enhancing his sentence based on recklessly endangering others during
Page 950.
flight. This contention is belied by the facts and the relevant Guideline provisions. See U.S. S.G.§§ 2A1.4, cmt. 1; 3C1.2, cmt. 2.
AFFIRMED.