United States v. Andrew Aloysius Vaile

26 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Andrew Aloysius VAILE, Defendant-Appellant. No. 93-30355. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 1, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Andrew Aloysius Vaile appeals his 100-month sentence imposed following entry of a guilty plea to sexual abuse of a minor in violation of 18 U.S.C. Secs. 1153 , 2243. Vaile contends that the district court used the incorrect base offense level because the facts did not establish his use of force against the victim. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review for clear error the district court's factual findings underlying its application of the Sentencing Guidelines. United States v. Castro-Romero, 964 F.2d 942, 944 (9th Cir.1992). 4 Section 2A3.2, the guideline for sexual abuse of a minor, provides for a base…