Begay

MEMORANDUM **

Ivan Ray Begay appeals his 382-month sentence following his guilty plea to eight counts of aggravated sexual abuse on two women on a Navajo Indian reservation, in violation of 18 U.S.C. § 2241 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Begay contends that the district court improperly enhanced his base offense level under U.S.S.G. § 3A1.3 by two levels for restraining his victims during the commission of the offense. According to Begay, the two-level enhancement amounted to impermissible double counting because it was assessed for conduct already accounted for in the district court’s four-level enhancement for the use of force during a sexual assault under U.S.S.G. § 2A3.1(b)(1). We review de novo a district court’s interpretation and application of the Sentencing Guidelines. United States v. Bowman, 215 F.3d 951 , 968 n. 11 (9th Cir.2000).

Because restraint of the victim is not an element of the offense of aggravated sexual abuse, see 18 U.S.C. § 2241 , was not incorporated in the aggravated sexual abuse offense guideline applied here, see U.S.S.G. §§ 2A3.1, and was not otherwise taken into account in calculating Begay’s…