U.S. v. NIELSEN

No. 11-30189.

694 F.3d 1032 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. William Richard NIELSEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2012.


Attorney(s) appearing for the Case

Cyndee L. Peterson , Assistant United States Attorney, Missoula, MT, for the plaintiff-appellee.

Michael Donahoe , Senior Litigator, Federal Defenders of Montana, Helena, MT, for the defendant-appellant.

Opinion by Judge TASHIMA; Dissent by Judge CALLAHAN.


OPINION

TASHIMA, Circuit Judge:

William Nielsen appeals the sentence imposed following his guilty plea to coercion and enticement of a minor in violation of 18 U.S.C. § 2422(b). Nielsen contends that the district court erred when it calculated the Sentencing Guidelines range for his offense. Specifically, Nielsen contends that the district court erred in imposing a two-level upward adjustment pursuant to the "vulnerable victim" provision of U.S.S.G...

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