United States v. Cramer, No. 14-761 (2d Cir. 2015)
Annotate this CaseDefendant plead guilty to four counts of sex trafficking of a minor and subsequently appealed his sentence as procedurally unreasonable. The court held that the district court did not err in applying a two-point enhancement under U.S.S.G. 2G1.3(b)(3) for use of a computer in the commission of sex trafficking crimes to Counts 1, 3, and 4. The enhancement applies to a defendant who begins communicating and establishing a relationship with a minor by computer, but then entices the victim through other modes of communication. Application Note 4 of U.S.S.G. 2G1.3 is plainly inconsistent with subsection 2G1.3(b)(3)(B) and is therefore inapplicable to that subsection. Even assuming arguendo that the district court erred in applying the enhancement to Count 2, any error was harmless where correcting the error would not affect the offense-level or sentencing-range calculations. Accordingly, the court affirmed the judgment.
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