Thompson

MEMORANDUM *

Appellants, Anthony Jerome Thompson, Michael Sallis and Kendal Ray Williams, appeal their sentences imposed after remand from this court. We have jurisdiction pursuant to 18 U.S.C. § 2422 (a). We reverse and remand for resentencing, in part, and affirm, in part.

A. Anthony Thompson

Thompson challenges the district court’s finding during sentencing that R.K. was vulnerable. In remanding Thompson’s sentence, we had noted that “[a]n enhancement for victim vulnerability still would be appropriate if the district court makes a finding of unique vulnerability in the particular circumstances.” United States v. Johnson, 44 Fed.Appx. 752, 758 (9th Cir.2002). We also require that a defendant “knew or should have known” that the victim was unusually vulnerable. See United States v. O’Brien, 50 F.3d 751, 756 (9th Cir.1995). The district court failed to make either finding adequately regarding Thompson’s sentence.

Generally, factual findings underlying sentence enhancements must be supported by a preponderance of the evidence. United States v. Riley, 335 F.3d 919, 925 (9th Cir.2003). Although the sentencing court may adopt the factual findings of the presentence report, it may…