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.