USA V. JOSHUA SCHEU, No. 22-10044 (9th Cir. 2023)
Annotate this Case
Defendant appealed his sentence following a guilty plea to two counts of aggravated sexual abuse of a child in violation of 18 U.S.C. Sections 2241(c), 2246(2) & 1152. He contends that the district court misapplied a sentencing enhancement for abduction and thus improperly added four levels to his sentencing range.
The Ninth Circuit affirmed. The panel wrote that whether it evaluates the plain meaning of the term “abducted” as it appears in the Guideline itself or considers “abducted” to be ambiguous and looks to the definition in the Guidelines’ commentary, it would reach the same conclusion: the victim was “abducted” when the defendant forced her from the roadside where he encountered her into a nearby cornfield to perpetrate the sexual assault.
Court Description: Criminal Law. The panel affirmed a sentence for two counts of aggravated sexual abuse of a child in violation of 18 U.S.C.
§§ 2241(c), 2246(2), & 1152, in a case in which the district court applied a four-level enhancement under U.S.S.G.
§ 2A3.1(b)(5) because “the victim was abducted.” The panel wrote that whether it evaluates the plain meaning of the term “abducted” as it appears in the Guideline itself, or considers “abducted” to be ambiguous and looks to the definition in the Guidelines’ commentary, U.S.S.G. § 1B1.1, cmt. n.1(A) (2004), it would reach the same conclusion: the victim was “abducted” when the defendant forced her from the roadside where he encountered her into a nearby cornfield to perpetrate the sexual assault.
The court issued a subsequent related opinion or order on October 6, 2023.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.