United States v. Reginald Fulton

Fulton appeals from his sentence under the Sentencing Guidelines following his guilty plea to abusive sexual contact with a minor on an Indian reservation, in violation of 18 U.S.C. §§ 1153 and 2244(a)(3). He contends that the district court erred in assigning to him a base offense level of 16 on the ground that he used force within the meaning of U.S.S.G. § 2A3.4(a). He also argues that the district court erred by refusing to depart downward based on his age and medical infirmity, and on the needs of the S’Klallam Tribe to enforce its culturally based sexual abuse program. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 18 U.S.C. § 3742 (a). We affirm.

. I

On March 31, 1992, the government filed a felony information charging Fulton, a 63-year-old S’Klallam Indian, with engaging in sexual contact with a 12-year-old Indian female, in violation of 18 U.S.C. §§ 1153 and 2244(a)(3). Fulton subsequently pleaded guilty to the charges against him.

Following an evidentiary hearing, the district court determined that Fulton had used force within the meaning of U.S.S.G. § 2A3.4(a). Therefore, it set Fulton’s base…