District court’s conviction and sentence of a defendant convicted of attempting to coerce or entice a minor to engage in sexual activity is affirmed in part and reversed in part where: 1) district court’s denial of defendant’s motion to suppress was proper as the record establishes probable cause to search defendant’s vehicle, and thus the warrantless search was justified under the automobile exception; 2) district court did not abuse its discretion in admitting any of the Rule 404(b) evidence; and 3) district court erred in applying an enhancement for unduly influencing a minor under U.S.S.G. section 2G1.3(b)(2)(B), and this error was not harmless as there was no firm assurance from the district court that it would impose the same sentence even if its application of the two-level enhancement was erroneous.
Read US v. Zahursky, No. 08-1151
Appellate Information
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division.Argued May 8, 2009Decided September 1, 2009
Judges
Before Cudhay, Manion, and Tinder, Circuit Judges Opinion by Tinder, Circuit Judge.
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