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U.S. v. ARMSTRONG

No. 09-30395.

620 F.3d 1172 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Richard C. ARMSTRONG, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 31, 2010.

Attorney(s) appearing for the Case

R. Wade Curtis , Belnap Law PLLC, Boise, ID, for the defendant-appellant.

Thomas E. Perez , Assistant Attorney General; Jessica Dunsay Silver and April J. Anderson , Attorneys, U.S. Department of Justice, Civil Rights Division, Washington, D.C., for the plaintiff-appellee.

Before WILLIAM C. CANBY, JR., JOHN T. NOONAN and MARSHA S. BERZON, Circuit Judges.

OPINION

BERZON, Circuit Judge:

Richard C. Armstrong was convicted by a jury of participating in a racially motivated assault against an African American man. Armstrong now appeals his sentence. He contends that the district court erred in imposing two enhancements: one for selecting a victim on the basis of race and one for obstruction of justice. Additionally, he argues that the sentence as a whole was procedurally flawed and substantively unreasonable...

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