United States Eleventh Circuit

120-month sentence based on conviction for use of the internet to entice a minor into sexual activity is affirmed over claims that the district court erred in sentencing by: 1) applying U.S.S.G. section 2G1.3(c)(1)-s cross-reference to U.S.S.G. section 2G2.1, which yielded a higher base offense level than the one recommended in the presentence investigation report, based on a finding that defendant intended to produce a visual depiction of sexually explicit conduct with a minor; 2) applying a 2-level enhancement because the victim was between 12 and 16 years old; and 3) by imposing an unreasonable sentence.

Appellate Information

• Decided 12/26/2006
• Published 12/26/2006

Judges

• MARCUS, Circuit Judge:, Before ANDERSON, BARKETT and MARCUS, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Jacqueline Esther Shapiro, Asst. Fed. Pub. Def., Miami, FL, Kathleen M. Wiliams, Fed. Pub. Def., West Palm Beach, FL, for Bohannon., Lisa T. Rubio, Anne R. Schultz, Asst. U.S. Atty., Harriett R. Galvin, Asst. U.S. Atty., Miami, FL, for U.S.