Hamber

MEMORANDUM

Allysha L. Hamber appeals her sentence imposed after her conviction for assault in violation of 18 U.S.C. § 113 (a)(6). She contends that the district court erred by making upward adjustments for abuse of a position of trust and physical restraint, refusing to make a downward adjustment for acceptance of responsibility, and refusing to depart downward for aberrant behavior. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court made a two-level upward adjustment under U.S.S.G. § 3B1.3 for abuse of a position of trust because Hamber assaulted her nine-year-old son. This adjustment is foreclosed by United States v. Willard, 230 F.3d 1093, 1097 (9th Cir.2000), decided after Hamber was sentenced, which held that § 3B1.3 does not authorize an adjustment for an abuse of trust by a parent. Nonetheless, the district court stated that if it had not made the adjustment for abuse of a position of trust, then it would instead have made a two-level upward adjustment for vulnerable victim under U.S.S.G. § 3A1.1. A vulnerable victim adjustment would have been proper. United States v. Wetchie, 207 F.3d 632, 635 (9th Cir.), cert. denied, 531 U.S. 854 , 121…