United States Tenth Circuit

The trial court's interpretation of U.S.S.G section 2A3.2(b)(3), in a child sexual abuse offense involving the use of a computer, is reversed as section 2A3.2(b)(3) does not apply to communications with undercover agents posing as "adults" with supervisory control over fictitious minor victims.

Appellate Information

• Decided 12/02/2003
• Published 12/04/2003

Judges

• McCONNELL, Circuit Judge., Before MURPHY, Circuit Judge, BRORBY, Senior Circuit Judge, and McCONNELL, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• James C. Murphy, Assistant United States Attorney (John W. Suthers, United States Attorney, Linda A. McMahan and Jennifer Mardosz, Assistant United States Attorneys, with him on the briefs), Denver, Colorado, for Plaintiff-Appellant.


• For Appellees:
  
• Raymond P. Moore, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, and John T. Carlson with him on the brief), Denver, Colorado, for Defendant-Appellee.