United States Third Circuit

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US v. Pawlowski, 10-4105

Conviction and sentence for attempted enticement of a minor, 18 U.S.C. section 2422(b), are affirmed over defendant's claims that: 1) the government's remark that defense counsel would "certainly present evidence" did not violate his Fifth Amendment rights; 2) the evidence at trial was insufficient to prove that he believed he was communicating with a minor; and 3) the District Court miscalculated his Sentencing Guidelines range because masturbation does not constitute "sexual contact" for the purpose of the two-level enhancement pursuant to U.S.S.G. section 2G1.3(b)(4)(A).

Appellate Information

  • Decided 06/19/2012
  • Published 06/19/2012

Judges

  • ROTH

Court

  • United States Third Circuit

Counsel

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