U.S. v. VANVLIET

No. 07-1578.

542 F.3d 259 (2008)

UNITED STATES of America, Appellee, v. Martin Rob VANVLIET, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 17, 2008.


Attorney(s) appearing for the Case

Michael J. Traft, with whom Carney & Bassil, P.C. was on brief, for appellant.

Cam Barker, Appellate Section, Criminal Division, United States Department of Justice, for appellee.

Before LIPEZ and HOWARD, Circuit Judges, and DiCLERICO, District Judge.


LIPEZ, Circuit Judge.

Martin Rob Vanvliet appeals from his conviction and sentence for interstate travel with the intent to engage in an illicit sexual act, 18 U.S.C. § 2423(b). We affirm his conviction, but remand for resentencing in light of Kimbrough v. United States, ___ U.S. ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), which was issued subsequent to the sentencing in this case.

I.

In October 2001, Waltham, Massachusetts police detective...

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