Snow

MEMORANDUM **

The facts are known to the parties and are not repeated here.

Defendant-appellant Snow challenges the district court’s imposition of a four-level enhancement under § 2A3.2(b)(l) of the United States Sen-fencing Guidelines based on its finding that T.M.C. was under his “custody, care, or supervisory control.” The commentary to § 2A3.2(b)(l) makes clear that the “custody, care, or supervisory control” enhancement is widely applicable and is to be broadly construed. See U.S.S.G. § 2A3.2(b)(l) application note 2(A). The enhancement applies when a defendant “is a person the victim trusts or to whom the victim is entrusted.” Id. § 2A3.1(b)(l) application note 6. The fact that T.M.C. was spending the night in Snow’s trailer is enough to permit the inference that T.M.C. trusted Snow and to support the four-level enhancement.

The district court also imposed a two-level enhancement because T.M.C. was a vulnerable victim under § 3Al.l(b)(l) of the guidelines. The district court found that T.M.C. was vulnerable because he was asleep. See United States v. Wetckie, 207 F.3d 632, 634 (9th Cir.2000) (“Because Wetchie’s victim was asleep, she may be deemed either ‘unusually…