Opinion
No. 07-30472.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 2, 2009.
Marcia Good Hurd, Esq., USBI — Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.
David A. Duke, Esq., Law Office of David A. Duke, Billings, MT, for Defendant-Appellant.
Appeal from the United States District Court for the District of Montana, Jack D. Shanstrom, District Judge, Presiding. D.C. No. CR-99-00112-JDS-7.
Before: SILVERMAN, RAWLINSON, and CLIFTON, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Mark Allen McMillion appeals from the 188-month sentence imposed by the district court, following his jury-trial conviction for violations of the Mann and Transportation Acts, 18 U.S.C. §§ 1952, 2421, 2422(a), 2423(a). We have jurisdiction under 28 U.S.C. § 1291. We affirm.
The record supports the conclusion that the district court found unique vulnerability and did not clearly err in imposing the U.S.S.G. § 3A1.1 enhancement given the victim's small size and stature and history of sexual assault and abandonment. See United States v. Williams, 291 F.3d 1180, 1196 (9th Cir. 2002) (per curiam), overruled on other grounds by United States v. Gonzales, 506 F.3d 940 (9th Cir. 2007).