Opinion

United States v. Shafer

  • 573 F.3d 267
  • 2009 U.S. App. LEXIS 17987
  • 2009 WL 2146483
Court
Court of Appeals for the Sixth Circuit
Filed
Jul 21, 2009
Status
Published
Author
Tarnow
On the bench
Moore, White, Tarnow
Cited by
30 cases

concluding that because the victim’s “self-masturbation constitutes ‘sex- ual contact,’ . . . the district court did not err in imposing a § 2G2.1(b)(2)(A) enhancement in calculating [defendant]’s sentence upon his conviction for violating 18 U.S.C. § 2251 (a)”

How later courts described this case

  • concluding that because the victim’s “self-masturbation constitutes ‘sex- ual contact,’ . . . the district court did not err in imposing a § 2G2.1(b)(2)(A) enhancement in calculating [defendant]’s sentence upon his conviction for violating 18 U.S.C. § 2251 (a)”
  • “[S]elf-masturbation is an act meant to invoke a sexual response in the performer or a viewer.”
  • upholding application of the § 2G2.1(b)(2)(A) enhancement where the defendant persuaded the young victim to “to self-masturbate”
  • "After . . . awarding a one-level reduction pursuant to the Government's motion for departure, the district court recalculated Shafer's offense level to be 41, with a criminal history category of I. The applicable guidelines range is 324 to 405 months. . . ."

Written by the judges who cited it.

The opinion

TARNOW, District Judge,

concurring.

I agree with Judge Moore’s opinion, and I write in concurrence to emphasize the importance of legislative history.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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