Jeakins
United States v. Jeakins
Opinion
Lead Opinion
MEMORANDUM ***
Jack Grant Jeakins appeals the district court’s Order on Remand following a reconsideration of his sentence pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). He also reasserts sentencing claims raised in his first appeal to this Court but not addressed in our prior disposition. See United States v. Jeakins, No. 04-30014 (9th Cir. June 30, 2005). The parties are familiar with the facts and procedural history.
We affirm the district court’s interpretation and application of the Sentencing Guidelines. The district court properly interpreted the Guidelines and grouped the offenses under U.S.S.G. § 3D1.2. It did not abuse its discretion in applying U.S.S.G. § 2A3.2, the “Custody, Care, or Supervisory Control” enhancement under U.S.S.G. § 2A3.2(b)(l), or the “Using a Minor” enhancement under U.S.S.G. § 3B1.4. Even if the district court abused its discretion in applying a base offense level of 24 to Count Seven, such error was harmless as the total offense level would remain the same. The 168-month sentence, including the four-year upward departure, was reasonable given the repetitive sexual abuse suffered by the victim over a lengthy period…