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US v. Newman, No. 09-14557

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By FindLaw Staff on August 18, 2010 2:37 PM

In US v. Newman, No. 09-14557, the court reversed defendant's sentence for violating the International Parental Kidnapping Crime Act, the district court clearly erred in finding that the offense was "otherwise extensive in scope, planning, or preparation" and thus enhancing the sentence.

As the court wrote:  "Clifford Allen Newman appeals his 33-month sentence imposed after pleading guilty to one count of violating the International Parental Kidnapping Crime Act ("IPKCA"), 18 U.S.C. § 1204. Mr. Newman argues that the district court erroneously enhanced his sentence under United States Sentencing Guidelines § 2J1.2(b)(2) and § 2J1.2(b)(3)(C). After review and oral argument, we affirm the district court's three-level enhancement under § 2J1.2(b)(2) because the offense resulted in "substantial interference with the administration of justice," but we conclude the district court clearly erred in finding that the offense was "otherwise extensive in scope, planning, or preparation." We therefore reverse and remand for resentencing consistent with this opinion."

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