United States Ninth Circuit

Sentence for guilty plea to conspiracy to commit sex trafficking in violation of 18 U.S.C. section 1594(c), which carries no mandatory minimum, is vacated and remanded for resentencing where common sense, the plain language of the Sentencing Guidelines, and the Sentencing Commission's commentary, all show that U.S.S.G. section 2G1.1(a)(1), which provides that the offense level for sex trafficking is 34 'if the offense of conviction is 18 U.S.C. section 1591(b)(1),' only applies to defendants who are subject to the fifteen-year mandatory minimum under 18 U.S.C. section 1591(b)(1).

Appellate Information

• Published 2016/11/14

Judges

• FARRIS

Court

• United States Ninth Circuit

Counsel