U.S. v. WETCHIE

No. 99-30152.

207 F.3d 632 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Roderick Loren WETCHIE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 16, 2000.


Attorney(s) appearing for the Case

Fredilyn Sison, Federal Defenders, Boise, Idaho, for the defendant-appellant.

James M. Peters, Assistant United States Attorney, Boise, Idaho, for the plaintiff-appellee.

Before: BEEZER, O'SCANNLAIN, and THOMAS, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We must decide whether the vulnerable victim adjustment of the Sentencing Guidelines can be applied to enhance the sentence of a defendant convicted of abusive sexual contact with a minor where the victim was sleeping at the time of the abuse.

I

Roderick Loren Wetchie worked as a house parent at the Youth Transitional Living Center (YTLC), a group home for children who are wards of the court. The YTLC is operated by the...

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