United States v. Hagen, No. 10-3438 (8th Cir. 2011)
Annotate this CaseAppellant, a 27 year-old, appealed from convictions related to his sexual conduct with the 13 year-old daughter of his girlfriend. At issue was whether the district court erred in applying sentencing enhancements and sentencing appellant to 293 months imprisonment. The court held that the district court did not err in applying U.S.S.G. 2G1.3(b)(2)(B) where appellant unduly influenced the minor to engage in sexual conduct where the minor was immature, shy, without worldly skills, and naive, which made her subject to the influence of a man who was 13 years her senior and in a relationship with her mother. The court also held that the district court did not err in apply U.S.S.G. 3A1.1(b)(1) where appellant knew that the minor was unusually vulnerable when the minor suffered from bipolar disorder, attention deficient disorder with hyperactivity, and was sexually abused over the course of two years by one of her mother's previous boyfriends.
Court Description: Criminal case - Sentencing. District court did not commit procedural error by imposing enhancements under Guidelines Sec. 2G1.3(b)(2)(B) (undue influence) and Sec. 3A1.1(b)(1) (vulnerable victim).
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