United States v. Larson Foster Chatlin, Jr.

81 F.3d 170 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Larson Foster CHATLIN, Jr., Defendant-Appellant. No. 95-10316. United States Court of Appeals, Ninth Circuit. Submitted Jan. 3, 1996. * Decided April 3, 1996. Before: LAY, ** HALL, and THOMPSON, Circuit Judges. 1 MEMORANDUM *** 2 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 for the third time the sentence imposed under the United States Sentencing Guidelines (the guidelines). We vacated Chatlin's sentence in his first two appeals on the ground that the district court erred by considering or analogizing to aggravated sexual assault, a charge that had been dropped pursuant to Chatlin's plea agreement. 3 At Chatlin's third sentencing, the district court imposed the same sentence as the prior two times: 135 months, an upward departure of 102 months.…