Rowe

MEMORANDUM *

Kenneth Charles Rowe appeals his conviction for abusive sexual contact under 18 U.S.C. § 2244 , contending that it violates the Double Jeopardy Clause because it is a lesser included offense of his conviction for aggravated sexual abuse under 18 U.S.C. § 2241 (c) and therefore must be vacated. 1 Rowe also contests his conviction under 18 U.S.C. § 113 (a)(7) for assault resulting in substantial bodily injury to a person under age 16, asserting that there was insuffi *590 cient evidence that his victim’s injuries were “substantial.” We disagree and affirm both convictions.

I. Convictions for Abusive Sexual Contact and Aggravated Sexual Abuse

Because Rowe did not challenge his § 2244 conviction below, we review his claim for plain error. See United States v. Freeman, 6 F.3d 586, 600-01 (9th Cir. 1993); see also United States v. Hemandez-Guardado, 228 F.3d 1017, 1029 (9th Cir .2000).

In United States v. Torres, 937 F.2d 1469 (9th Cir.1991), we explained that “one offense is not ‘necessarily included’ in another unless the elements of the lesser offense are a subset of the elements of the charged offense.” Id. at 1476 (citing Schmuck v. United States, 489 U.S. 705, 716…