US v. Smith, No. 11-50549 (6-26-13)(Ikuta with Callahan and Hurwitz).
US v. Smith, No. 11-50549 (6-26-13)(Ikuta with Callahan and Hurwitz).
This is an appeal from a sex trafficking conviction, where the defendant got 360 months for running a prostitution ring, and pimping. The issues raised were whether it was guideline double-counting to give an enhancement for undue influence on a minor when the offense involved minors;and whether the organizer adjustment was proper for the participants. The 9th answered "yes" to both. The offense of using force or fraud against the minor is different from using undue influence to sway them under 2G1.3. The 9th also upheld the adjustment for the defendant being an organizer.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2013/06/26/11-50549.pdf
This is an appeal from a sex trafficking conviction, where the defendant got 360 months for running a prostitution ring, and pimping. The issues raised were whether it was guideline double-counting to give an enhancement for undue influence on a minor when the offense involved minors;and whether the organizer adjustment was proper for the participants. The 9th answered "yes" to both. The offense of using force or fraud against the minor is different from using undue influence to sway them under 2G1.3. The 9th also upheld the adjustment for the defendant being an organizer.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2013/06/26/11-50549.pdf
posted by Jon Sands at 7/01/2013 03:06:00 PM
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