US v. Lay, No. 07-4062
District court's sentence of a defendant convicted of traveling with intent to engage in illicit sexual conduct is affirmed where: 1) the court properly applied an enhancement for unduly influencing a minor after finding that defendant failed to rebut the applicable presumption that he had unduly influenced the much younger victim; 2) the district court permissibly applied an enhancement for use of a computer to entice the minor, even though none of defendant's discussions with the minor about sexual activity occurred via computer; 3) defendant did not qualify for a reduction for acceptance of responsibility because the district court found that he did not testify truthfully in all relevant respects, despite professing to accept responsibility; and 4) defendant's sentence is substantively reasonable, though he will face significant restraints on his freedom when he is on supervised release.
Argued: January 16, 2009
Decided and Filed: October 13, 2009
Opinion by Circuit Judge Rogers
For Appellant: Donna Maria Grill, Office of the Federal Public Defender, Toledo, Ohio
For Appellee: Michael A. Sullivan, Assistant United States Attorney, Cleveland, Ohio
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.