Sixth Circuit - Sex Offenses

United States v. Paauwe, 968 F.3d 614 (6th Cir. 2020). Section 4B1.5(b)(1)’s 5-level enhancement for a pattern of activity involving prohibited sexual conduct applies to a defendant whose conduct involves a single victim.

United States v. Fleischer, 971 F.3d 559 (6th Cir. 2020). In a plea under Rule 11(c)(1)(A) resulting in dismissed counts, a court is not bound by the parties’ Guidelines calculation, which in this case excluded the dismissed counts. The defendant waived any argument that dismissed counts did not constitute relevant conduct. Section 2G2.2(b)(5)’s 5-level enhancement applied when the defendant pleaded guilty to performing sexual acts on one minor victim and stipulated that he abused a second minor. No impermissible double counting results from applying a §2G2.2(b)(5) enhancement and additional offense levels under §3D1.4. The defendant’s 447-month sentence was not substantively unreasonable.

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