United States v. Johnson

Affirmed by published opinion. Judge MICHAEL wrote the opinion, which Judge WILLIAMS and Judge SHEDD joined.

OPINION

MICHAEL, Circuit Judge.

Rodney K. Johnson, Jr. pled guilty to two counts of aggravated sexual abuse after he raped and assisted another man, Michael S. Hodge, in raping a woman on a United States naval base. See 18 U.S.C. § 2241(a)(1) and § 2. Johnson appeals his sentence, arguing that he should not have received a two-level enhancement for physical restraint of the victim under United States Sentencing Commission, Guidelines Manual (U.S.S.G.), § 3A1.3 (2003). He claims that the…