Willard

United States v. Willard

Good Law
8 F. App'x 743
United States Court of Appeals for the Ninth CircuitApril 24, 2001No. 99-10542; D.C. NO. CR-97-05039-MDCCalifornia665 words

Opinion

Lead Opinion

*744 MEMORANDUM *

' Clifford Lee Willard (“Willard”) challenges his sentence and conviction for three counts of transporting a minor with intent to engage in criminal sexual activity and aiding and abetting ( 18 U.S.C. §§ 2423 (a) and 2), and one count of possessing false identification documents ( 18 U.S.C. § 1028 (a)(6)). Because the sentencing judge failed to make explicit factual findings on Appellant’s objections to the presentence report as required under Fed. R.Crim.P. 32(c), we remand for resentencing. We affirm the district court on all other issues raised on appeal.

Willard was convicted after a jury trial of transporting a minor with intent to engage in criminal sexual activity. The relevant sentencing guideline is U.S.S.G. § 2G1.2 (1993) (deleted by consolidation with § 2G1.1 effective November 1, 1996), unless the offense involved criminal sexual abuse. A cross-reference in § 2G1.2(c)(2) (1993) provides: “If the offense involved criminal sexual abuse, attempted criminal sexual abuse, or assault with intent to commit criminal sexual abuse, apply 2A3.1.” Because Willard’s daughter testified that several incidents of molestation involved criminal sexual abuse, the…

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