United States v. Doutt

Child porn recipient gets enhanced sentence because 40 years earlier, when he was 16, he had sexual contact with a boy of 11 or 12. The enhancement requires a 4-year age difference, and 16 minus 12 equals 4, right? Sixth Circuit: Just subtracting the ages could overstate the difference. If the defendant had just turned 16 and the boy was almost 13, the difference would have been closer to 3 years. The sentencing judge should have counted in days. The birthdays aren’t in the record, so remanded for more information.

Tags: 2019, Sentencing, Sixth Circuit, Statutory Interpretation

Sign up to receive IJ's biweekly digital magazine, Liberty & Law along with breaking updates about our fight to protect the rights of all Americans.