United States v. Goodbear
2012 U.S. App. LEXIS 7470
9th Cir.2012Background
- Lyrik Goodbear, six, suffered life-threatening injuries on the Northern Cheyenne Reservation and died from blunt force trauma; Lyrik’s injuries indicated non-accidental trauma and Adrian Goodbear was implicated.
- S.G., two-year-old, also injured; Goodbear admitted she struck S.G. in an attempt to stop her from entering the room during the beating.
- Adrian Goodbear initially lied about the cause of Lyrik’s injuries; K.H., Goodbear’s thirteen-year-old son, testified that Adrian assaulted Lyrik and that both parents instructed lies to authorities.
- Goodbear pled guilty to misprision of felony and related assault on S.G.; she admitted concealing the true cause of Lyrik’s injuries and that Adrian beat Lyrik.
- District court sentenced Goodbear to 37 months (10 months Count II and 37 months Count III, concurrent), three years of supervised release, and restitution of $12,763.66; two enhancements were imposed: a four-level increase under USSG § 2A2.2(b)(2)(B) for use of a dangerous weapon (the belt) and a two-level increase under § 3B1.4 for use of a minor.
- The sentence for misprision of felony exceeded the statutory maximum of 36 months, triggering a remand for resentencing and a separate error under § 3D1.4 guidance, requiring correction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the four-level belt enhancement was reasonable. | Goodbear contends belt was not a dangerous weapon. | District court properly found belt used to inflict serious injury; dayea standard satisfied. | Yes; the belt qualified as a dangerous weapon under § 2A2.2(b)(2)(B). |
| Whether using a minor can be attributed for § 3B1.4 in misprision of felony. | Proceedings should not attribute minor-use to Goodbear absent explicit involvement. | Under 2X4.1 cmt. n.1, use reasonably known by defendant; Goodbear knew or should have known Adrian would involve K.H. | Yes; the enhancement applied as reasonably foreseeable under 2X4.1 and § 3B1.4. |
| Whether Goodbear’s 37-month misprision sentence was reasonable and within statutory limits. | Sentence appropriate under guidelines. | Misprision count exceeds statutory max; concurrent terms complicate calculation. | Plain error: misprision sentence exceeds 36-month statutory max; vacate and remand for resentencing. |
| Whether the overall offense level calculation under § 3D1.4 was correct. | Units calculation supported a higher total level. | Incorrect unit application; only one unit should apply. | Remand for resentencing due to misapplication of § 3D1.4. |
Key Cases Cited
- United States v. Dayea, 32 F.3d 1377 (9th Cir. 1994) (belt can be dangerous weapon when used to injure)
- United States v. Riggins, 40 F.3d 1055 (9th Cir. 1994) (belt can be dangerous weapon depending on use)
- United States v. Robinson, 94 F.3d 1325 (9th Cir. 1996) (commentary binding; interpret Guideline standards)
- United States v. Cabaccang, 481 F.3d 1176 (9th Cir. 2007) (3D1.4 unit rule)
- United States v. Leniear, 574 F.3d 668 (9th Cir. 2009) (discussion of 3D1.4 units)