Keffler

MEMORANDUM *

Petitioner Donald Keffler claims that the district court abused its discretion in applying to his sentence a 2-level upward adjustment under the vulnerable victim guideline of U.S.S.G. § 3A1.1 (2002). He also argues that the court erred by not grouping Count 8, for the transportation and shipment of material involving the sexual exploitation of children, with Counts 5 and 6, which represent two of a total of six counts for the production of images involving the sexual exploitation of children. *674 Lastly, he claims that in the event of remand, a different judge should be assigned for resentencing. We affirm.

Keffler was a co-defendant of James and Tracey Wright, who were convicted for similar crimes involving shared victims. We resolved the Wrights’ appeals in a published opinion. See United States v. Wright, 373 F.3d 935 (9th Cir.2004). In that case we determined that the court did not err in its application of the vulnerable victim adjustment by taking into account the extreme youth and small physical size of the victims. See id. at 943 . Likewise, we now hold that the district court did not err in considering those same factors in applying the vulnerable victim…