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.
Read US v. Rivera-Alonzo, No. 08-10081
Appellate Information
Argued and Submitted February 9, 2009
Filed October 26, 2009
Judges
Opinion by Judge Smith
Counsel
For Appellant:
Alex D. Gonzalez, Gonzalez & Smith, PC, Chandler, AZ
For Appellee:
Karla H. Delord, Assistant United States Attorney for the District of Arizona, Phoenix, AZ
