Holiday

MEMORANDUM

Arnold Holiday appeals the 27-month sentence imposed following his guilty plea to two counts of engaging in abusive sexual contact with a minor on an Indian Reservation, in violation of 18 U.S.C. §§ 1153 and 2244(a)(3). Holiday 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)(l), and that the amount of restitution ordered by the district court lacks sufficient documentary support. We affirm.

The record supports the district court’s determination that Holiday used force during his abusive sexual contact with the victim. See U.S.S.G. § 2A3.4, comment. (n.l) (1999); 18 U.S.C. § 2241 (a). The district court considered the entire record, and credited the victim’s statements that Holiday “grabbed” her arms to prevent her from leaving and to kiss her, lay on top of her, threatened her, and dragged her behind a couch. The court’s findings are not clearly erroneous. See United States v. Archdale, 229 F.3d 861, 868 (9th Cir.2000); United States v. Fulton, 987 F.2d 631, 632-33 (9th Cir.1993). Moreover, it is well-settled that the district court can use relevant…