United States v. Cifuentes-Lopez, No. 21-6053 (10th Cir. 2022)

Rolando Cifuentes-Lopez admitted to having commercial sex with two minors and was sentenced to 24 years and 4 months in prison. He claimed that the district court erred in applying certain sentencing enhancements pursuant to the United States Sentencing Guidelines; one enhancement for a pattern of sexual conduct with a minor, and the other for his conviction on multiple counts. He argued that: (1) the application of a pattern of activity enhancement under U.S.S.G § 4B1.5(b)(1) should not apply to him because he engaged in only one prohibited sexual act with each minor; and (2) the application of the pattern of activity enhancement along with a multiple count enhancement, U.S.S.G. § 3D1.4, was impermissible double counting. The Tenth Circuit found the district court correctly applied the enhancements, and thus affirmed the district court's judgment.