United States Seventh Circuit

U.S.S.G. section 2A3.2(b)(2)(B), which provides a sentencing enhancement for one who unduly influences his or her victim in committing criminal sexual abuse of a minor under the age of 16, cannot apply in the case of an attempt where the victim is an undercover police officer.

Appellate Information

• Argued 04/04/2003
• Decided 12/23/2003
• Published 12/23/2003

Judges

• ILANA DIAMOND ROVNER, Circuit Judge., Before POSNER, EASTERBROOK, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Tu Pham (Argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Terence F. MacCarthy, Angela F. Milella (argued), Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellant.