United States v. Sylvester Norman Knows His Gun, III

Defendant Sylvester Knows His Gun, III (“Knows His Gun”) appeals the district court’s imposition of his sentence, contending that two sentencing enhancements violated the Sixth Amendment because the factual basis for them was not proven to a jury or admitted by Knows His Gun. See United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005). He also seeks a remand under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc), contending that the district court imposed the sentence under a mandatory regime without adequate consideration of all of the factors listed in 18 U.S.C. § 3553(a). We have jurisdiction under 28 U.S.C. § 1291 and we affirm the sentence imposed on Knows His Gun.

I

Knows His Gun was indicted by a grand jury on July 17, 2003, on one count of aggravated sexual assault of a child in violation of 18 U.S.C. §§ 1153 and 2241(c). Knows His Gun had admitted under police questioning that he had sexually assaulted his younger nephew. On January 30, 2004, Knows His Gun pled guilty to the charged count. During the change of plea hearing, Knows His Gun admitted that he had engaged in improper sexual touching of the child. He admitted that the…