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Court Addresses Meaning of Fear for Purposes of USSG 2A3.1

By Shari Allison

US v. Fish, 08-6007, 2008 WL ---- (10th Cir. Oct. 2, 2008) (unpublished): Strangely unpublished, since it seems to address an issue of first impression in this circuit -- the meaning of "fear" under 18 USC 2242. The Tenth affirms 111-month sentence (including 24-month upward variance) for defendant who pled guilty to knowingly transporting a minor in interstate commerce with the intent to engage in unlawful sexual activity, contrary to 18 U.S.C. 2423(a). Defendant, a truck driver, took his nephew with him on a trip and sexually abused him. He threatened the boy with leaving him on the side of the road if he didn't submit and told the boy he would kill his family if he told anyone what had happened. Three years later, the boy reported the incidents...continue to full post

Full post as published by Tenth Circuit Blog on October 03, 2008 (boomark / email).