The appellant challenges enhancements for having a management role in his alleged offense and for allegedly causing bodily injury. The district court's factual finding that the defendant had a management role in the robbery was not clearly erroneous. That the government agreed with the defendant's objection regarding the management-role enhancement does not alone make it error. Because the statement in the PSR did not specify whether the victim sustained any injury, and because a significant injury does not invariably follow from the type of conduct at issue, the bodily-injury enhancement was clearly erroneous. The bodily-injury enhancement is vacated and the case is remanded.
United States v. Zuniga
July 25, 2013