No. 10-2204.

642 F.3d 1315 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Alex MAESTAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 28, 2011.

Attorney(s) appearing for the Case

Santiago E. Juarez , ( Dennis W. Montoya , Montoya Law, Inc., Rio Rancho, New Mexico, with him on the briefs), Santa Cruz, New Mexico, for Defendant-Appellant.

Fred Federici , Assistant United States Attorney, ( Kenneth J. Gonzales , United States Attorney, and George C. Kraehe , Assistant United States Attorney, on the brief), Albuquerque, New Mexico, for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, EBEL and HOLMES, Circuit Judges.

BRISCOE, Chief Judge.

Defendant/appellant Alex Maestas appeals the district court's conclusion that the sentencing enhancement § 2B1.1(b)(13) of the United States Sentencing Guidelines Manual (U.S.S.G.) should apply in calculating his sentence. Section 2B1.1(b)(13) increases a defendant's offense level if the offense "involved. . . the conscious or reckless risk of death or serious bodily injury." Maestas attempted to steal a piece of gold from Los Alamos National...

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