Defendant’s assault sentence is affirmed, where Defendant restrained the victim and thus assisted another person in stabbing the victim, and accordingly the District Court properly applied the enhancement under U.S.S.G. section 3A1.3 for physical restraint.

Read US v. Old Chief, No. 08-30317

Appellate Information

Argued and Submitted June 5, 2009

Filed July 6, 2009

Judges

Opinion by Judge Goodwin

Counsel

For Appellants:

J. Mayo Ashley, Helena, MT

Evangelo Arvanetes, Assistant Federal Public Defender, Great Falls, MT

For Appellee:

Carl E. Rostad, Assistant United States Attorney, Great Falls, MT

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