US v. Studabaker, No. 08-1614

Defendant's conviction and sentence for causing the foreign travel of a minor with the intent to engage in criminal sexual activity are affirmed where: 1) his prosecution did not violate the Double Jeopardy Clause; 2) defendant did not reserve the right to appeal the sufficiency of the evidence, and thus waived his argument that the government did not provide a sufficient factual basis to support his plea; and 3) the district court did not abuse its discretion when it rejected defendant's argument that his sentence should be reduced to account for his prior incarceration.

Read US v. Studabaker, No. 08-1614

Appellate Information

Argued: August 5, 2009

Decided and Filed: August 24, 2009

Judges

Opinion by Judge Moore

Counsel

For Appellant:

Kerry M. Donahue, Bellinger & Donahue, Dublin, OH

For Appellee:

Daniel Y. Mekaru, Assistant United States Attorney, Grand Rapids, MI