Matt

MEMORANDUM **

Gary Matt pleaded guilty to abusive sexual contact, 18 U.S.C. § 2244 (a)(3). He appeals his sentence, challenging the district court’s enhancement for obstruction of justice as well as the court’s restitution order. We vacate the sentence and remand for resentencing.

Both parties are familiar with the facts of the case, so we discuss them only briefly. Matt pleaded guilty to abusive sexual contact for fondling the breasts of a 14-year old girl while she was driving a snowmobile and he was riding behind her. The district court, when sentencing Matt, enhanced his sentence two levels for obstructing justice. The only evidence of the obstruction of justice was a Presentence Report relating an interview with the victim in which she claimed that Matt told her not to tell anyone of his conduct or she and her family would be sorry. She also asserted that she had seen guns in Matt’s house. There was evidence that the girl could not have seen the guns. Matt denied having threatened the girl.

Prior to the events in this case, Matt had been convicted for sexually abusing two 13-year-old girls and threatening them if they told anyone.

The district court found that Matt had…