United States v. Castillo, No. 18-1966 (1st Cir. 2020)Annotate this Case
The First Circuit vacated the judgment of the sentencing court sentencing Defendant to a 235-month term of imprisonment for one count of abusive sexual contact with a child under the age of twelve, holding that the sentencing judge erred in applying the cross-reference provision in U.S.S.G. 2A3.4(c)(1).
Defendant was indicted on two counts for abusing his two granddaughters. Defendant guilty to one count of sexual contact with a child under the age of twelve and the government dismissed the other count of the indictment, the charge of aggravated sexual abuse of a child under twelve. In sentencing proceedings, the government invoked the cross-reference provision at issue, the application of which resulted in a guideline range fourteen to eighteen years greater than the ordinary range for that offense. The sentencing court applied the cross-reference provision in sentencing Defendant. The First Circuit vacated the sentence, holding (1) only one of Defendant's acts considered by the sentencing court was suitable for consideration in assessing the appropriate sentence to be imposed; and (2) therefore, the sentencing judge erred when he relied on both acts to justify the application of the cross-reference provision.