U.S. v. AUSBURN

No. 06-2250.

502 F.3d 313 (2007)

UNITED STATES of America v. David AUSBURN, Appellant.

United States Court of Appeals, Third Circuit.

Filed September 10, 2007.


Attorney(s) appearing for the Case

Lisa B. Freeland, Esquire, Federal Public Defender, Karen Sirianni Gerlach, Esquire (argued), Assistant Federal Public Defender, Office of Federal Public Defender, Pittsburgh, PA, for Appellant.

Mary Beth Buchanan, Esquire, United States Attorney, Laura Schleich Irwin, Esquire (argued), Assistant United States Attorney, Robert L. Eberhardt, Esquire, Office of United States Attorney, Pittsburgh, PA, for Appellee.

Before: SMITH and GREENBERG, Circuit Judges, and POLLAK, District Judge.


OPINION OF THE COURT

POLLAK, District Judge:

David Ausburn appeals from the sentence imposed after he pled guilty to using a telephone and a computer to persuade a minor to engage in illegal sexual activity in violation of 18 U.S.C. § 2422(b). The most salient feature of that sentence is a 144-month term of imprisonment—more than double the top end of the advisory range under the Sentencing Guidelines ("guidelines" or "U.S.S.G."). Ausburn argues...

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