Is a determination of 'serious bodily injury' based on 'extreme physical pain' a subjective test based on the victim's level of pain tolerance or an objective test based on the nature of the bodily injury inflicted?

QUESTION PRESENTED Like other Sentencing Guidelines provisions involving violence, the Guidelines for kidnapping offenses (USSG §2A4.1) enhance a defendant’s sentence where the victim sustained “serious bodily injury,” a finding that can be based on, inter alia, the victim’s experiencing “extreme physical pain.” USSG §1B1.1, comment. (n. 1(M)). In the instant matter, notwithstanding the victim’s testimony that his injuries were only “painful,” the district court enhanced petitioner’s sentence based on its conclusion that objectively such injuries must have resulted in extreme physical pain. While at least one other circuit court has upheld a sentence based on such objective inferences, the decision below departs from the view of at least three other appellate courts that impose a subjective test. This petition raises the following question about with the circuit courts are divided: Is a determination of “serious bodily injury” based on “extreme physical pain” a subjective test based on the victim’s level of pain tolerance or an objective test based on the nature of the bodily injury inflicted? i