U.S. v. Dortch

Dist. Ct. did not err in sentencing defendant to statutory maximum sentence of 240-month term of incarceration on bank robbery charge based in part on imposition of serious bodily injury enhancement that figured in sentencing guideline range of 292 to 365 months term of incarceration. While record was unclear as to reason for officer’s hospitalization upon which Dist. Ct. based instant enhancement, any error was harmless where: (1) record showed that another officer had sustained bodily injury in form of lacerated hand; (2) defendant’s offense level would drop sentence only to 253 to 293 month range if defendant’s argument was meritorious; and (3) defendant’s counsel conceded that defendant’s proposed reduction in offense level would not have affected Dist. Ct.’s sentence.