United States Third Circuit

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