United States v. Christopher Garcia

MEMORANDUM

On November 28, 2008, Garcia sexually assaulted his five-year-old nephew. A grand jury later returned an indictment charging Garcia with two counts of aggravated sexual abuse. After unsuccessfully asking the government to offer a plea agreement charging him with a crime not subject to a thirty-year mandatory minimum sentence, Garcia was found guilty by a jury of both counts of the indictment.

At sentencing, the district court applied a sentencing enhancement for an alleged pattern of engaging in prohibited sexual conduct, and imposed two concurrent 480 month terms. On appeal, we affirmed Garcia’s convictions but vacated the sentences and remanded for resentencing, finding in-, sufficient evidence to support the enhancement. United States v. Garcia, 500 Fed.Appx. 653 (9th Cir, 2012). On remand, the district court resentenced Garcia to concurrent terms of 360 months in prison, placed him on lifetime supervised release, and imposed a $200 special assessment and $5,000 in restitution.

Garcia timely appealed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part, vacate in part, and remand to the district court for the limited purpose of conforming the…