United States v. Frohlich, No. 13-1383 (8th Cir. 2013)
Annotate this CaseDefendant pled guilty to one count of transporting minors with intent to engage in unlawful sexual activity. Defendant appealed the district court's application of a vulnerable victim enhancement under U.S.S.G. 3A1.1(b)(1). The court concluded that the district court did not commit clear error in applying the vulnerable victim enhancement and did not abuse it sentencing discretion where the record provided ample evidence that defendant understood the victims were vulnerable, regardless of his purported intellectual limitations. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal case - Sentencing. The district court did not err in imposing a vulnerable victim enhancement as the government's evidence was sufficient to show defendant knew or should have known that the victims of his unlawful sexual activities were vulnerable for purposes of Guidelines Sec. 3A1.1(b)(1).
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