United States v. Arbaugh, No. 18-4575 (4th Cir. 2020)
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Defendant appealed his sentence for engaging in illicit sexual conduct with a minor in a foreign country. The court held that the district court did not err in applying a two-level enhancement under USSG 2G1.3(b)(2) based on undue influence resulting from the age disparity between defendant and his victim. The court also held that the district court adequately explained the basis for defendant's terms of imprisonment and supervised release, and that defendant's 276-month term of imprisonment was substantively reasonable.
However, the court held that the district court procedurally erred by failing to explain the reasons for imposing four computer-related special conditions of release. Accordingly, the court affirmed the judgment and sentence except for the challenged conditions, vacating and remanding for partial resentencing.
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