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U.S. v. MORGAN

No. 98-30054.

164 F.3d 1235 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Wayne MORGAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 14, 1999.

Attorney(s) appearing for the Case

Daniel Donovan, Senior Assistant Federal Defender, Great Falls, Montana, for the defendant-appellant.

Lori A. Harper, Assistant United States Attorney, Great Falls, Montana, for the plaintiff-appellee.

Before: CANBY, and HAWKINS, Circuit Judges, and SILVER, District Judge.

SILVER, District Judge:

Appellant Charles Wayne Morgan pled guilty to the crime of abusive sexual contact proscribed by 18 U.S.C. §§ 1153(a) and 2244(a)(2) in return for an agreement by the United States to drop the more serious charge of aggravated sexual abuse proscribed by 18 U.S.C. §§ 1153(a) and 2241(a)(1). Morgan appeals his thirty-six month sentence of imprisonment, arguing that the district court erred in calculating his sentence by applying...

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