United States Sixth Circuit

A sentence for aggravated sexual abuse of a minor is vacated and remanded for resentencing where, contrary to the district court's conclusion, the district court's refusal to apply an enhancement pursuant to U.S.S.G. section 4B1.5(b) was error because defendant qualified as a repeat offender, and Congress explicitly revised the enhancement to apply to repeat-offenders who abuse only a single victim.

Appellate Information

• Decided 08/25/2008
• Published 08/25/2008

Judges

• Before:  MARTIN and BATCHELDER, Circuit Judges;  JORDAN, Senior District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Elisa Castrolugo, Assistant United States Attorney, Grand Rapids, Michigan, for Appellant.  Ray S. Kent, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Elisa Castrolugo, Assistant United States Attorney, Grand Rapids, Michigan, for Appellant.  Ray S. Kent, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellee.