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U.S. v. BRATTAIN

No. 07-1594.

539 F.3d 445 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Christopher BRATTAIN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2008.

Attorney(s) appearing for the Case

ARGUED: Elisa Castrolugo, Assistant United States Attorney, Grand Rapids, Michigan, for Appellant. Ray S. Kent, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellee. ON BRIEF: Elisa Castrolugo, Assistant United States Attorney, Grand Rapids, Michigan, for Appellant. Ray S. Kent, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellee.

MARTIN, J., delivered the opinion of the court, in which JORDAN, D.J., joined. BATCHELDER, J. (p. 449), delivered a separate concurring opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

The United States appeals the sentence imposed by the district court on Christopher Brattain after he pled guilty to aggravated sexual abuse of a minor. The district court refused to apply a five-level enhancement pursuant to U.S.S.G. § 4B1.5(b), stating that the enhancement applied only to offenders who had abused multiple victims, and Brattain had abused a single victim over a period of seven years. The...

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