Enhancement in Sex Exploitation of Minor Vacated
United States v. Harris Docket: 19-30202, Opinion Date: June 9, 2021. The Ninth Circuit vacated defendant's sentence for sexually exploiting a minor and remanded for resentencing. The panel concluded that, because there is no evidence that defendant exercised control over the child's mother, the district court abused its discretion in applying the leadership enhancement under USSG 3B1.1(c). The panel also concluded that the district court erred in applying a guardian enhancement under USSG 2G2.1(b)(5) where defendant was not the child's parent and was never entrusted with parent-like authority. The panel could not say that the district court would come to the same conclusions given the proper scope of the enhancements and thus the sentence must be vacated and remanded.