U.S. v. Hamm, No. CRIM.A.3:02CR-49-H (W.D.Ky.) (281 F.Supp.2d 929) (September 8, 2003) (Judge John G. II Heyburn)
In this case, Judge Heyburn rejected the Government’s request to impose the two-level sentencing enhancement permitted under U.S.S.G. § 2A3.2(b)(2)(B) (for unduly influencing a minor to engage in sexual activity) - on the grounds that no minor was involved in the defendant’s crime of conviction - only an adult undercover ...
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