United States v. Avery Schoenborn

KELLY, Circuit Judge.

A jury convicted Avery Schoenborn of sexual abuse of an incapacitated person in violation of 18 U.S.C. §§ 1151, 1153(a), and 2242(2)B. The district court 1 varied downward from the guidelines range and sentenced Schoenborn to 84 months’ imprisonment. On appeal, Schoenborn challenges the sufficiency of the evidence supporting his conviction as well as the “vulnerable victim” enhancement used in calculating his guidelines range. Having jurisdiction pursuant to 28 U.S.C. § 1291, we affirm the judgment of the district court.

I. Background

On the night of May 6, 2013,…