United States v. Sayer, No. 12-2489 (1st Cir. 2014)Annotate this Case
Defendant was indicted with one count of cyberstalking in violation of 18 U.S.C. 2261A. Pursuant to a plea agreement, Defendant entered a conditional plea of guilty to the cyberstalking charge. Defendant was sentenced to a term of sixty months’ imprisonment, the statutory maximum. On appeal, Defendant challenged the district court’s denial of his motion to dismiss the cyberstalking charge in the indictment and argued that his sentence above the Guidelines range was unreasonable. The First Circuit Court of Appeals affirmed, holding (1) section 2261A was constitutionally applied to Defendant and is not overbroad; and (2) the district court’s decision to vary upward rather than depart downward was not an abuse of discretion.
The court issued a subsequent related opinion or order on May 14, 2014.