United States v. Corwin Four Star

MEMORANDUM

Corwin Dallas Four Star appeals from the district court’s judgment and challenges the 120-month sentence imposed following his guilty-plea conviction for sexual abuse, in violation of 18 U.S.C. §§ 1153 (a) and 2242(2)(B). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Four Star contends that the district court violated his Sixth Amendment rights under Alleyne v. United States, - U.S. -, 133 S.Ct. 2151 , 186 L.Ed.2d 314 (2013), by relying on judicial factfinding to impose a sentencing enhancement under U.S.S.G. § 2A3.1(b)(l) for use of force against the victim. This argument fails because the application of the enhancement affected neither the statutory maximum sentence nor any mandatory minimum sentence applicable to Four Star’s conviction. See United States v. Vallejos, 742 F.3d 902, 906-07 (9th Cir.2014).

Four Star next contends that there was insufficient evidence to support the enhancement. We review the court’s application of the Guidelines for abuse of discretion and its factual findings for clear error. See id. at 905 . On this record, including testimony that the victim’s injuries were consistent with the victim’s statement that Four State…