Naha

MEMORANDUM

Gerald Dewayne Naha was convicted of sexual abuse of a minor in violation of 18 U.S.C. §§ 1153 , 2243(a). He appeals both his conviction and sentence.

He challenges his conviction on the ground that the district court erred in admitting a statement that Naha volunteered after being advised of his Miranda rights. The evidence that was admitted apparently was a statement made immediately after Naha said that he was going to get a lawyer. The comment concerning the lawyer was not admitted, because it was properly held inadmissible as an invocation of the right to counsel. Statements that follow such invocation, however, may be admitted; see United States v. Valencia, 773 F.2d 1037, 1041 (9th Cir.1985). We find no error in the district court’s conclusion that the statements admitted were not part of the invocation of the right to counsel. Moreover, the statements admitted did not share the same indicia of culpability that renders a request for counsel inadmissible. See U.S. v. Kallin, 50 F.3d 689, 693 (9th Cir.1995) (as amended).

Naha challenges his sentence on the ground that the district court engaged in impermissible double counting under the U.S. Sentencing…