United States Seventh Circuit

District court's conviction and sentence of a defendant convicted of attempting to coerce or entice a minor to engage in sexual activity is affirmed in part and reversed in part where: 1) district court's denial of defendant's motion to suppress was proper as the record establishes probable cause to search defendant's vehicle, and thus the warrantless search was justified under the automobile exception: 2) district court did not abuse its discretion in admitting any of the Rule 404(b) evidence; and 3) district court erred in applying an enhancement for unduly influencing a minor under U.S.S.G. section 2G1.3(b)(2)(B), and this error was not harmless as there was no firm assurance from the district court that it would impose the same sentence even if its application of the two-level enhancement was erroneous.

Appellate Information

• Argued 05/08/2009
• Decided 09/01/2009
• Published 09/01/2009

Judges

• TINDER, Circuit Judge., Before CUDAHY, MANION, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Joshua P. Kolar, Attorney (argued), Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellant.


• For Appellees:
  
• Michele On-ja Choe, Attorney (argued), Sidley Austin, Chicago, IL, for Defendant-Appellee.