United States Seventh Circuit

Sentence for transporting a minor in interstate commerce with intent that the minor engage in prostitution is affirmed in part and reversed in part where: 1) the district court did not abuse its discretion in denying defendant's motion to withdraw his plea without an evidentiary hearing; 2) defendant's plea agreement cannot be voided because of mutual mistake with regard to the sentence imposed as the defendant's actual sentence was not an essential term of the agreement; 3) the court did not err in determining that defendant was a career offender as his conviction for transporting a minor in interstate commerce for the purpose of prostitution is similar in kind to the enumerated crimes in U.S.S.G. sec. 4B1.2(2), and is a crime of violence for purposes of the Sentencing Guidelines; 4) the court properly enhanced defendant's sentence for undue influence; and 5) the court erred when it applied a sentencing enhancement for use of a computer.

Appellate Information

• Argued 04/17/2009
• Decided 08/05/2009
• Published 08/05/2009

Judges

• FLAUM, Circuit Judge., Before FLAUM, EVANS, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Julie B. Ruder, Scott A. Keller, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Bradley D. Price (argued), Johnson & Bell, Chicago, IL, for Defendant-Appellant.