United States v. Hornbuckle

Defendants were sisters who each pleaded guilty to two counts of sex trafficking of children in violation of 18 U.S.C. 1591. Defendants’ sentences included enhancements under U.S.S.G. 2G1.3(b)(3)(4)(A), because sex acts were actually committed by the minors, and under U.S.S.G. 2G1.3(b)(2)(B), for undue influence. Defendants challenged the application of both enhancements in these consolidated appeals. A panel of the Ninth Circuit affirmed the sentences, holding (1) the district court’s application of U.S.S.G. § 2G1.3(b)(4)(A) did not constitute double counting because “commission of a sex act or sexual contact” is not an element of a conviction under section 1591; and (2) the district court properly applied an enhancement under U.S.S.G. § 2G1.3(b)(2)(B) for undue influence because the record supported the district court’s factual finding of undue influence for all three minors, and evidence of the minor victims’ willingness did not compel reversal of the district court’s finding. View "United States v. Hornbuckle" on Justia Law