United States v. Larry Sept, Jr. , 695 F. App'x 262 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 14 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30232
Plaintiff-Appellee, D.C. No. 1:15-cr-00114-SPW
v.
MEMORANDUM*
LARRY BURNELL SEPT, Jr.,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted August 9, 2017**
Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
Larry Burnell Sept, Jr., appeals from the district court’s judgment and
challenges the 60-month sentence imposed following his guilty-plea conviction for
transportation of a person with intent to engage in criminal sexual activity, in
violation of 18 U.S.C. § 2421. We have jurisdiction under 28 U.S.C. § 1291, and
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2). Accordingly, Sept’s request
for oral argument is denied.
we affirm.
Sept contends that the district court violated his due process rights by relying
on unreliable hearsay evidence to find that his offense involved physical violence
against the victims and by varying upward on that basis. The district court did not
abuse its discretion in relying on the victims’ hearsay statements regarding Sept’s
violence against them. See United States v. Berry, 258 F.3d 971, 976 (9th Cir.
2001). Contrary to Sept’s contention, the victims’ statements, which were
consistent with each other and with the statement of one victim’s mother and that
of a third victim, were sufficiently corroborated to provide the minimum indicia of
reliability necessary for consideration at sentencing. See id. at 976-77.
AFFIRMED.
2 16-30232