United States v. Begin, No. 11-3896 (3d Cir. 2012)Annotate this Case
Begin pled guilty on charges related to his use of the internet and a cellular phone to send sexual messages and photographs to a minor in order to persuade her to have sex with him and was sentenced to 240 months’ imprisonment, a 30-month upward departure from the top of his advisory Sentencing Guidelines range. Begin argued that his sentence was unreasonable based on the asserted disparity between his sentence for attempting to induce statutory rape and the lower maximum sentences for actually committing statutory rape under state and federal law. The Third Circuit vacated and remanded for consideration of that argument. The claim has colorable legal merit, so that, upon appropriate findings of fact, the district court would be within its discretion to accept the argument and to factor it into the ultimate sentence.