United States v. Razsi , 169 F. App'x 360 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 27, 2006
Charles R. Fulbruge III
Clerk
No. 05-40433
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES ALAN RAZSI,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:04-CR-85-ALL
--------------------
Before REAVLEY, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
James Alan Razsi (Razsi), a federal inmate, appeals his
sentence following his guilty-plea conviction for assaulting
Elmer Sorrell (Sorrell), another inmate, with a dangerous weapon
with intent to do bodily harm, in violation of 18 U.S.C. §
113(a)(3). Razsi asserts that the district court erred when it
increased his base offense level by five levels under U.S.S.G.
§ 2A2.2(b)(3)(B) after finding that Sorrell had sustained serious
bodily injury.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 05-40433
-2-
Section 2A2.2(b)(3)(B) of the Sentencing Guidelines requires
a five-level increase to a base offense level if the victim of
the offense sustained serious bodily injury. “‘Serious bodily
injury’ means injury involving extreme physical pain or the
protracted impairment of a function of a bodily member, organ, or
mental faculty; or requiring medical intervention such as
surgery, hospitalization, or physical rehabilitation.” U.S.S.G.
§ 1B1.1 cmt. n.1(L) (2004); see U.S.S.G. § 2A2.2 cmt. n.1 (2004).
The record indicates that Sorrell was treated, hospitalized,
and given pain medication for multiple lacerations, depressed
fractures in his frontal sinus cavity, bleeding from his left
ear, swelling of his right cheek, and other scratches and
abrasions. As a result of his injuries and pain, Sorrell
received medical treatment, was hospitalized, was on a liquid
diet, was unable to retrieve his own pain medication, and was
only able to take the pain medication after it was crushed.
Because of these facts, the district court’s application of the
five-level increase to Razsi’s base offense level pursuant to
U.S.S.G. § 2A2.2(b)(3)(B) because Sorrell did sustain serious
bodily injury was not clearly erroneous.
Accordingly, the district court’s judgment is AFFIRMED.