United States v. Smith, No. 11-50549 (9th Cir. 2013)
Annotate this CaseDefendant appealed his sentence stemming from his conviction for sex trafficking of children by force, fraud, or coercion. The court concluded that the district court did not err in applying a two-point enhancement for undue influence under U.S.S.G. 2G1.3(b)(2); the district court did not err in applying a two-level upward adjustment under U.S.S.G. 3B1.1(c) because defendant was an organizer, leader, manager, or supervisor in a criminal activity; and, therefore, the court affirmed the sentence.
Court Description: Criminal Law. The panel affirmed a sentence imposed in connection with a conviction for sex trafficking of children by force, fraud, or coercion under 18 U.S.C. § 1591(a)(1) and (b)(1). The panel rejected the defendant’s contention that an enhancement for exerting undue influence on a minor under U.S.S.G. § 2G1.3(b)(2)(B) was impermissible double- counting, where the district court calculated a base offense level under U.S.S.G. § 2G3.1(a)(1) for the defendant’s violation of § 1591(b)(1), which has an element that the defendant used “force, fraud, or coercion.” The panel also rejected the defendant’s challenge to the district court’s imposition of an enhancement for an organizing role under U.S.S.G. § 3B1.1(c). The panel reasoned that a woman who knowingly abetted the defendant’s child sex trafficking offense qualified as a “participant” under § 3B1.1, and the defendant was therefore responsible for “organizing” her for the purpose of carrying out that criminal act.
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