Halling

MEMORANDUM **

Defendant Amber Hailing pleaded guilty to two counts of sexually exploiting children in violation of 18 U.S.C. § 2251 (a). She challenges her sentence of 260 months’ imprisonment.

1. The district court did not clearly err, United States v. Cantrell, 433 F.3d 1269, 1279 (9th Cir.2006), in making its factual findings at sentencing. Specifically, there was evidence to support the findings that Defendant willingly participated in the exploitation of the children; that sexual contact occurred between her and each of the minors, M. and J.; that Defendant profited (through receipt of room and board and a small amount of money) from the exploitation; and that Defendant was mentally competent to accept responsibility for her criminal acts.

2. The district court did not abuse its discretion or “stack” the Guidelines enhancements improperly by applying a two-level enhancement because the victims were under 16. United States Sentencing Guidelines (“U.S.S.G.”) § 2G2.1(b)(l) permissibly intends to impose harsher penalties on those who victimize younger children than on those who victimize older (but still minor) children. See United States v. Wright, 373 F.3d 935, 943 (9th…