UNITED STATES v. BUTLER

No. 22-20171.

65 F.4th 199 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Douglas BUTLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED April 7, 2023.


Attorney(s) appearing for the Case

Catherine Pick , Carmen Castillo Mitchell , Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Baldemar Zuniga , Zuniga Law Offices, P.C., Houston, TX, for Defendant-Appellant.

Before Ho, Oldham, and Douglas, Circuit Judges.


Under the federal Sentencing Guideline that governs the sexual exploitation of a minor, a two-level enhancement applies to a defendant's base offense level if the underlying offense involves "the commission of a sexual act or sexual contact." U.S.S.G. § 2G2.1(b)(2)(A). The Application Notes to the Guideline expressly...

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