Carpenter

MEMORANDUM **

1. The district court properly applied Sentencing Guidelines section 2G2.2. See U.S. Sentencing Guidelines Manual § 2G2.2 (2000) [hereinafter U.S.S.G]. Car *653 penter pled guilty to two different crimes, each of which gave the district court a choice under the Sentencing Guidelines between applying section 2G2.2 and 2G2.4. See U.S.S.G. app. A; 18 U.S.C. § 2252A(a)(2), (a)(5)(B). The offense conduct alone justified the district court’s choice. See U.S.S.G. § 1B1.2.

2. In light of the relevant conduct surrounding Carpenter’s offenses, the sentencing enhancements applied by the district court — including the enhancements for “minor under the age of twelve,” U.S.S.G. § 2G2.2(b)(1), “pattern of activity,” id. § 2G2.2(b)(4), and “vulnerable victim,” id. § 3A1.1(b)(1) — were appropriate. Carpenter admitted to engaging in “two or more separate instances of the sexual abuse or sexual exploitation of a minor.” Id. § 2G2.2 cmt. n. 1. Further, Carpenter’s victims were “less able to resist than the typical victim” under the age of twelve, see United States v. Wright, 373 F.3d 935, 943 (9th Cir.2004) (quoting United States v. Wetchie, 207 F.3d 632, 634 (9th Cir.2000)), because…