EMILIO M. GARZA, Circuit Judge:
Appellee Richard Harper, a federal prisoner, was convicted of assaulting his cellmate with a dangerous weapon, in violation of 18 U.S.C. § 113(a)(3). At sentencing, the Government urged the court to apply a four-level increase to Harper's offense level pursuant to U.S.S.G. § 2A2.2(b)(3)(D) to account for the degree of injury his victim sustained. The court instead applied a three-level increase pursuant to U.S.S.G. §...
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