United States v. Joey

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Defendant appealed his sentence after being convicted of two counts of abusive sexual contact in violation of 18 U.S.C. 2244(a)(5), and two counts of committing a felony offense involving a minor in violation of 18 U.S.C. 2260A. The court concluded that the Guidelines do not contain any instruction that precludes a district court from applying USSG 4B1.5 in calculating the Guidelines sentencing range for a section 2244(a)(5) conviction where a defendant has also been convicted under section 2260A, but rather instructs district courts to determine the Guidelines sentencing range for the section 2244(a)(5) count independently of section 2260A. Therefore, the district court did not procedurally err in calculating the applicable Guidelines range and the court affirmed the judgment. The court disposed of defendant's remaining challenges in an unpublished disposition filed concurrently with this opinion. View "United States v. Joey" on Justia Law