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Sentence for transporting a minor in interstate commerce with intent that the minor engage in prostitution is affirmed in part and reversed in part where: 1) the district court did not abuse its discretion in denying defendant's motion to withdraw his plea without an evidentiary hearing; 2) defendant's plea agreement cannot be voided because of mutual mistake with regard to the sentence imposed as the defendant's actual sentence was not an essential term of the agreement; 3) the court did not err in determining that defendant was a career offender as his conviction for transporting a minor in interstate commerce for the purpose of prostitution is similar in kind to the enumerated crimes in U.S.S.G. sec. 4B1.2(2), and is a crime of violence for purposes of the Sentencing Guidelines; 4) the court properly enhanced defendant's sentence for undue influence; and 5) the court erred when it applied a sentencing enhancement for use of a computer.
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.
Argued April 17, 2009
Decided AUGUST 5, 2009
Before FLAUM, EVANS, and WILLIAMS, Circuit Judges.
Opinion by FLAUM, Circuit Judge.
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