-
FILED NOT FOR PUBLICATION JUN 20 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-30298 Plaintiff - Appellee, D.C. No. 4:12-cr-00034-SEH v. MEMORANDUM * ROBERT DONALD AHENAKEW, Defendant - Appellant. Appeal from the United States District Court for the District of Montana Sam E. Haddon, District Judge, Presiding Submitted June 18, 2013 ** Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges. Robert Donald Ahenakew appeals from the district court’s judgment and challenges the 41-month sentence imposed following his guilty-plea conviction for burglary, in violation of
18 U.S.C. § 1153(a); and
Mont. Code Ann. § 45-6-204(1). We have jurisdiction under
28 U.S.C. § 1291, and we 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). Ahenakew contends that the district court erred by imposing a two-level enhancement under U.S.S.G. § 2B2.1(b)(4) because it was not reasonably foreseeable that Ahenakew’s codefendant would possess a dangerous weapon. We review for clear error a district court’s determination that acts by others were reasonably foreseeable for purpose of imposing a dangerous weapon enhancement, see United States v. Lavender,
224 F.3d 939, 941-42 (9th Cir. 2000), and find none. The record, which indicated that Ahenakew knew that his codefendant always carried a knife, supports the district court’s conclusion that it was reasonably foreseeable that Ahenakew’s codefendant would possess a knife at the time of the burglary. See Lavender,
224 F.3d at 942; U.S.S.G. § 1B1.3(a)(1). AFFIRMED. 2 12-30298
Document Info
Docket Number: 12-30298
Citation Numbers: 530 F. App'x 624
Judges: Hurwitz, Smith, Tallman
Filed Date: 6/20/2013
Precedential Status: Non-Precedential
Modified Date: 8/6/2023