United States v. Christian Hernandez

MEMORANDUM

1. Hernandez challenges the district court’s imposition of the two-level sentencing enhancement that applies “[i]f the defendant was a parent, relative, or legal guardian of the minor involved in the offense, or if the minor was otherwise in the custody, care, or supervisory control of the defendant.” U.S.S.G. § 2G2.1(b)(5). The district court did not abuse its discretion in applying this enhancement. The Sentencing Commission explains that this enhancement “is intended to have broad application and includes offenses involving a minor entrusted to the defendant, whether temporarily or permanently.” Id. § 2G2.1 cmt. n. 3(A). At sentencing, the district court heard evidence that Hernandez and the victim’s aunt lived together, that the victim often visited them, and that the victim was sometimes left alone with Hernandez while her aunt ran errands.

2. Hernandez raises numerous challenges to the procedural and substantive reasonableness of his prison sentence, none of which have merit. The district court adhered to the sentencing procedures that we laid out in United States v. Carty, 520 F.3d 984, 991-92 (9th Cir.2008) (en banc). The court first correctly calculated the…