United States Ninth Circuit

In a case in which a defendant pled guilty to abusive sexual contact with his wife's niece, who was staying temporarily in their home, a two-level sentencing enhancement because the victim was in the defendant's "custody, care, or supervisory control” is affirmed, where: 1) the defendant had a child with the victim's aunt and shared the caretaking responsibilities for two children who resided in the home on a full-time basis; 2) the defendant was present while the victim stayed with his family; 3) the defendant was not a transitory presence but rather an adult with legal obligations to the children living with him; and 4) during the relevant time period, the defendant prepared food for all of the children.

Appellate Information

• Decided 04/16/2012
• Published 04/16/2012

Judges

• Bybee

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Anthony R. Gallagher, Lori Harper Suek