United States Third Circuit

Sentence for multiple counts of attempting to entice a minor to engage in sexual activity using interstate commerce is vacated and remanded for resentencing where: 1) the district court erred in failing to apply the categorical approach to determining whether defendant's Delaware convictions for first- and third-degree unlawful sexual contact with a minor constituted federal sex offense convictions under 18 U.S.C. section 2426(b)(1)(B); and 2) the district court erred in applying U.S.S.G. section 4B1.5 because the Delaware offenses under which defendant was convicted do not qualify as predicate offenses.

Appellate Information

• Published 2016/08/18

Judges

• SCIRICA

Court

• United States Third Circuit

Counsel