United States v. Mejia-Canales

McCONNELL, Circuit Judge.

Defendant challenges a two-level sentencing enhancement for bodily injury inflicted during a scuffle with a police officer. Because the district court did not have before it evidence sufficient to support this enhancement, we find it committed clear error and remand for resentencing.

I. BACKGROUND

On November 21, 2004, while incarcerated as a federal inmate in the Weber County Jail, Francisco Mejia-Canales ignored orders to cease walking away from police officers. When an officer extended his arm to impede Mr. Mejia-Canales, the inmate turned and struck the officer…