United States v. Larson Foster Chatlin, Jr.

Larson Foster Chatlin, Jr. pleaded guilty to sexual abuse of a minor on an Indian ■reservation, a violation of 18 U.S.C. §§ 1153 and 2243(a). He appeals the sentence imposed under the United States Sentencing Guidelines (the guidelines) after we vacated and remanded his previous sentence.

In the prior appeal, United States v. Chatlin, 15 F.3d 1090 (9th Cir.1994), we held in an unpublished disposition that the district court erred in basing its upward departure on conduct constituting aggravated sexual abuse, a crime that had not been charged pursuant to Chatlin’s plea agreement. We directed the district court on remand to consider only the conduct alleged in the counts charging sexual abuse of a minor and not conduct that would constitute aggravated sexual abuse.

On remand, the district court imposed the same sentence as before — 135 months, an upward departure of 102 months. In the present appeal, Chatlin contends the district court disregarded our remand by again anal ogizing his conduct to aggravated sexual abuse. Chatlin farther argues the district court also erred in departing upward on the basis of extreme conduct, harm resulting from repetitive abuse, and extreme…