United States v. Hornbuckle, No. 12-10541 (9th Cir. 2015)
Annotate this CaseDefendants were sisters who each pleaded guilty to two counts of sex trafficking of children in violation of 18 U.S.C. 1591. Defendants’ sentences included enhancements under U.S.S.G. 2G1.3(b)(3)(4)(A), because sex acts were actually committed by the minors, and under U.S.S.G. 2G1.3(b)(2)(B), for undue influence. Defendants challenged the application of both enhancements in these consolidated appeals. A panel of the Ninth Circuit affirmed the sentences, holding (1) the district court’s application of U.S.S.G. § 2G1.3(b)(4)(A) did not constitute double counting because “commission of a sex act or sexual contact” is not an element of a conviction under section 1591; and (2) the district court properly applied an enhancement under U.S.S.G. § 2G1.3(b)(2)(B) for undue influence because the record supported the district court’s factual finding of undue influence for all three minors, and evidence of the minor victims’ willingness did not compel reversal of the district court’s finding.
Court Description: Criminal Law. The panel affirmed sentences for sex trafficking of children under 18 U.S.C. § 1591. The panel held that application of enhancement under U.S.S.G. § 2G1.3(b)(4)(A) was not double counting because “commission of a sex act or sexual contact” is not an element of a conviction under § 1591. The panel held that the district court properly applied an enhancement under U.S.S.G. § 2G1.3(b)(2)(B) for undue influence. The panel held that the record supports the district court’s finding of undue influence for all three minors. The panel joined several other circuits in holding that where the record otherwise supports a district court’s factual finding of undue influence, evidence of the minor victim’s willingness is insufficient to compel reversal of the district court’s finding. UNITED STATES V. HORNBUCKLE 3
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