U.S. v. Henzel

Dist. Ct. did not err in sentencing defendant to 135-month term of incarceration on charge of traveling across state lines with intent to engage in illicit sexual conduct involving 12-year-old girl. While defendant argued that Dist. Ct. did not give adequate reasons for its decision to sentence him to above guideline range, Dist. Ct. miscalculated applicable range in favor of defendant where record showed that cross-reference under section 2A3.1 of USSG applied since defendant caused victim to engage in sexual act by placing her in fear if she did not agree to his requests, such that instant sentence was within applicable 108 to135-month sentencing range. Moreover, Dist. Ct.’s reasons for imposing sentence; i.e., defendant’s insistence that 12-year-old victim ingest drugs and alcohol prior to engaging in sexual activity despite victim’s protests, justified instant sentence.