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U.S. v. HOCHSCHILD

No. 05-3159.

442 F.3d 974 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. James R. HOCHSCHILD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 31, 2006.

Attorney(s) appearing for the Case

ARGUED: Edward G. Bryan, Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Elizabeth Olson, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Edward G. Bryan, Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Michael A. Sullivan, United States Attorney, Cleveland, Ohio, for Appellee.

Before: MOORE, ROGERS, and McKEAGUE, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

This case requires us to determine which of two U.S. Sentencing Guidelines applies to the offense of crossing a state line with the purpose of having sex with a minor, when both guidelines refer to attempting to have sex with a minor, but neither guideline refers to the particular crime of traveling in interstate commerce with the purpose of having sex with a minor.

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