United States Sixth Circuit

District court's sentence of a defendant convicted of traveling with intent to engage in illicit sexual conduct is affirmed where: 1) the court properly applied an enhancement for unduly influencing a minor after finding that defendant failed to rebut the applicable presumption that he had unduly influenced the much younger victim; 2) the district court permissibly applied an enhancement for use of a computer to entice the minor, even though none of defendant's discussions with the minor about sexual activity occurred via computer; 3) defendant did not qualify for a reduction for acceptance of responsibility because the district court found that he did not testify truthfully in all relevant respects, despite professing to accept responsibility; and 4) defendant's sentence is substantively reasonable, though he will face significant restraints on his freedom when he is on supervised release.

Appellate Information

• Decided 10/13/2009
• Published 10/13/2009

Judges

• Before:  MERRITT, ROGERS, and WHITE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Donna Maria Grill, Office of the Federal Public Defender, Toledo, Ohio, for Appellant.  Michael A. Sullivan, Assistant United States Attorney, Cleveland, Ohio, for Appellee.   ON BRIEF:  Donna Maria Grill, Office of the Federal Public Defender, Toledo, Ohio, Dennis G. Terez, Office of the Federal Public Defender, Cleveland, Ohio, for Appellant.  Michael A. Sullivan, Assistant United States Attorney, Cleveland, Ohio, for Appellee.