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U.S. v. MIRANDA

No. 02-14239.

348 F.3d 1322 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Ferrys Harvey MIRANDA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

DECIDED: October 29, 2003.

Attorney(s) appearing for the Case

Phillip DiRosa, Ft. Lauderdale, FL, Anne R. Schultz, Miami, FL, for Plaintiff-Appellant.

Brenda G. Bryn, Fed. Pub. Def., Fort Lauderdale, FL, Kathleen M. Williams, Fed. Pub. Def., Miami, FL, for Plaintiff-Appellee.

Before HULL, MARCUS and STAHL, Circuit Judges.

PER CURIAM:

After a trial, the government appeals Defendant Ferrys Harvey Miranda's 15-month sentence imposed for his conviction for using a computer to attempt to persuade a minor to engage in criminal sexual conduct, in violation of 18 U.S.C. § 2422(b). On appeal, the government argues that the district court erred: (1) in applying U.S.S.G. § 2A3.4 (Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact), instead of the harsher penalties provided...

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