United States v. Rawson ( 2023 )

Case: 22-10846 Document: 00516918478 Page: 1 Date Filed: 10/03/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10846
Summary Calendar FILED
____________ October 3, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Bryce Rawson,
Defendant—Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:22-CR-91-1
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Before Higginbotham, Stewart, and Southwick, Circuit
Judges.
Per Curiam: *
Bryce Rawson appeals his conviction of one count of engaging in illicit
sexual conduct in foreign places, a violation of 18 U.S.C. § 2423(c) and (e).
He argues that the district court improperly applied a sentencing guidelines
cross reference, from U.S.S.G. § 2G1.1 to U.S.S.G § 2A3.1, for use of force.
He also asserts that the district court erred by finding that his two incidents
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*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10846 Document: 00516918478 Page: 2 Date Filed: 10/03/2023
No. 22-10846
of improper sexual conduct occurred on separate occasions, constituting a
pattern that necessitated the application of a five-level guidelines
enhancement, U.S.S.G. § 4B1.5(b).
We review the district court’s interpretation of the Sentencing
Guidelines de novo and its factual findings for clear error because Rawson
has preserved both of his arguments below. United States v. Martinez-Romero,
817 F.3d 917, 919 (5th Cir. 2016).
We find no error with the district court’s holding that Rawson used
force against his minor victim. Rawson’s size and the cornering of his victim
on a balcony are both plausibly uses of force under our precedent. United
States v. Lucas, 157 F.3d 998, 1002 (5th Cir. 1997); see United States v.
Simmons, 470 F.3d 1115, 1121 (5th Cir. 2006).
We find no error with the district court’s holding that the two
incidents happened on separate occasions and so show a pattern of conduct.
As the crimes were committed days apart, they do not fall under any
definition of a single occasion. See United States v. Sadeek, 77 F.4th 320, 326-
27 (5th Cir. 2023).
AFFIRMED.
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