Defendant's conviction and sentence for assaulting a federal officer with a dangerous weapon is affirmed where: 1) a district court does not abuse its discretion in refusing to give an instruction on a lesser included offense, where, as here, a rational jury could not have convicted the defendant of the lesser-included offense without finding the element that would convert the lesser offense into the greater offense; and 2) the district court did not commit clear error in finding on sentencing that defendant's conduct was motivated by the victim's official status.
Argued and Submitted February 9, 2009
Filed October 26, 2009
Opinion by Judge Smith
Alex D. Gonzalez, Gonzalez & Smith, PC, Chandler, AZ
Karla H. Delord, Assistant United States Attorney for the District of Arizona, Phoenix, AZ