United States Second Circuit

In this case, the defendant pled guilty to four counts of sex trafficking a minor, and was sentenced to 360 months of imprisonment and 15 years of supervised release. In imposing its sentence, the district court applied a two-point enhancement under U.S.S.G. section 2G1.3(b)(3) for use of a computer in the commission of three sex-trafficking crimes. The judgment is affirmed, where: 1) though defendant began communicating and establishing a relationship with a minor by computer, then enticed the victim through other modes of communication, the district court did not procedurally err when it applied the section 2G1.3(b)(3) enhancement; and 2) any alleged error in the application of the enhancement to a fourth sex-trafficking crime was harmless become correcting the purported error would not affect the offense-level or sentencing-range calculations.

Appellate Information

• Decided 02/10/2015
• Published 02/10/2015

Judges

• Katzmann

Court

• United States Second Circuit

Counsel