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Sentence Affirmed in Mann Act Case

By Shari Allison

United States v. Scott, ___F.3d___, 2008 WL 2502524 (10th Cir. 2008)The district court?s calling and examining a witness in support of the higher sentence did not violate Due Process and show judicial partiality, and did not entail the judge acting as an advocate. The court has the power to call witnesses at sentencing and did not abuse its discretion in so doing in this case. Procedural reasonableness: No error in applying vulnerable victim guideline enhancement in Mann Act conviction. Defendant did not contest the girl?s characteristics of fragility, use of meth, immaturity, runaway status, and was aware of at least some, though not all, of them after first encountering her and during the commission of the offense. No error in applying guidelines' organizer enhancement?one of Defendant?s prostitutes assisted him in the business and was a participant in the offense, and not merely just another of his prostitutes...continue to full post

Full post as published by Tenth Circuit Blog on June 25, 2008 (boomark / email).