Fernandes

Defendant Jeffrey Dean Fernandes pleaded guilty to one count of abusive sexual contact, a violation of 18 U.S.C. § 2244 (b). While working as a privately employed security guard at Crater Lake National Park, Defendant . went into a dorm room where an intoxicated co-worker lay on the bed. Without her permission, Defendant unbuttoned her blouse. He fondled and kissed her breasts. He also touched the woman’s vagina over her pants. Defendant stopped the abuse when two of his co-workers walked in and caught him in the act.

The district court sentenced Defendant to a term of probation. The government asked the court to require Defendant to register as a sex offender, but the court refused. The court observed that Defendant had no prior convictions for sex offenses and found Defendant unlikely to repeat such an offense. In those circumstances, the court did not see a need to force Defendant to register as a sex offender and refused to order Defendant to do so. The government timely appeals that decision.

We review de novo the legality of a sentence. United States v. Dunn, 946 F.2d 615, 619 (9th Cir.1991).

Title 18 U.S.C. § 3563 (a) provides in relevant part:

A person must…