The following excerpt is from U.S. v. Smith, 956 F.2d 1169 (9th Cir. 1992):
"The district court's application of the sentencing guidelines is reviewed de novo.... The district court's factual findings are reviewed for clear error." United States v. Bos, 917 F.2d 1178, 1180 (9th Cir.1990) (citation omitted). Whether a defendant knowingly created a substantial risk of death or serious bodily injury is a factual question. Id. at 1182.
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