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25-Jul-2019 18:44 by 10 Comments

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At first, Sayer showed up at stores and other places where he knew that Jane Doe would be. Nothing in § 5K2.23's text suggests it is an exception to the general rule that refusals to depart or vary from the Guidelines are discretionary. Sayer's claim that the district court did not give sufficient weight to certain mitigating factors, such as his participation in rehabilitation programs in state prison or the fact that he was an “exemplary inmate” without disciplinary problems, does not persuade us otherwise. The district court “articulate[d] a plausible rationale” for the “sensible result” reached. First, Sayer's defense counsel was at the April 24, 2012 detention hearing at which the cellmate testified and had vigorously cross-examined the cellmate at that hearing. Sayer also contends the cellmate's statements were unreliable because of his criminal history, drug addiction, and access to Sayer's discovery materials while they were in jail together. We refer to the victim in this case as “Jane Doe” to preserve her privacy.2. The government has reserved the right to reinstate the identity theft charge in a superseding indictment if Sayer successfully challenges his cyberstalking conviction in this appeal.5. See Petrovic, 701 F.3d at 854–55 (not reaching merits of the O'Brien test because communications at issue were unprotected under Giboney ). § 2266(2) (saying the “term ‘course of conduct’ means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose”).10. In response, Jane Doe changed her routine and gave up activities she loved for fear of seeing Sayer. Rather, § 5K2.23 is explicit that a “downward departure may be appropriate” if its conditions are met. We have said that the “mere fact that ‘the sentencing court chose not to attach to certain of the mitigating factors the significance that the appellant thinks they deserved does not make the sentence unreasonable.’ “ Id. Second, Sayer knew before the sentencing hearing that the government would argue the cellmate's statements supported an above-Guidelines sentence because that is precisely what its sentencing memorandum had argued. The cellmate, however, had denied seeing Sayer's discovery materials at the detention hearing, and the magistrate judge who presided over that hearing found his testimony to be credible. For example, an ad that Sayer posted on Craigslist in January 2010 said Jane Doe was “looking for only five [guys] to gang bang me. First five that come get to join the fun․ This will be fun. ” That ad included Jane Doe's name and current Maine address. These convictions include: (1) stalking based on Sayer's violations of a protection order issued on behalf of Jane Doe on January 19, 2007, as well as before that date; (2) violation of a condition of release based on in-person contact or close proximity with Jane Doe on several occasions, including on May 14, 2007; (3) violation of a condition of release for driving with a suspended license on January 19, 2009; and (4) violation of a protection order through contact or close proximity with Jane Doe on May 30, 2009.6. Md.2011), does not assist him as the case is easily distinguishable on its facts and the pertinent law. Even if O'Brien were applicable, Sayer has waived any argument that § 2261A(2)(A) fails O'Brien's requirements.9. We note that, in any event, § 2261A(2)(A) cannot be unconstitutionally vague as applied to Sayer where there is no doubt that the statute proscribed his course of conduct done with intent to harass and intimidate Jane Doe. Shrader, 675 F.3d 300, 312 (4th Cir.2012) (rejecting defendant's vagueness challenge to § 2261A(2)(A) where the statute “clearly proscribed [the defendant's] particular conduct”).

No one was seen getting into or out of the truck during the time that it was parked there. at *6 (first alteration in original) (quoting United States v. The court also concluded the statute was not unconstitutionally vague. On August 13, 2012, Sayer entered a conditional plea of guilty to the cyberstalking charge, reserving the right to appeal from the district court's denial of his motion to dismiss that count in the indictment.2. These convictions arise from Sayer's conduct that pre-dates his July 2009–November 2009 activities establishing his federal cyberstalking conviction. Section 5G1.3(b), in turn, provides for an adjustment of a defendant's sentence if: “[1] a term of imprisonment resulted from another offense that is relevant conduct to the instant offense ․ and [2] that [other offense] was the basis for an increase in the offense level for the instant offense․” U. At the hearing, the district court inquired about a letter that the government had filed as a sentencing exhibit but was not included in the PSR.

Several of the websites included Jane Doe's name and then-current Louisiana address.

One site encouraged viewers to write to Jane Doe and tell her what they thought of the videos.

I guess you might say we're dating."Try not to wait too long to make it clear; the kids won't appreciate having a sense that something is going on, but thinking that you're hiding it from them.

And don't spring the relationship on them as a grand surprise, particularly in a social situation that would be awkward for them, you and, perhaps, Irene.

Jane Doe did not place these ads nor did she authorize Sayer to place them. § 5K2.23 from his Guidelines range of 37 to 46 months rather than impose a variant sentence exceeding the top of the Guidelines range by fourteen months.

The unwanted visits from men seeking sex persisted for eight months until June 2009, when Jane Doe changed her name and moved to her aunt's house in Louisiana to escape from Sayer and this harassment. 1, 20 (2010) (explaining the difference between a First Amendment overbreadth claim and a Fifth Amendment vagueness challenge). Sayer also appeals from his sentence of sixty months' imprisonment, the statutory maximum. Section 5K2.23 permits a reduction accounting for time served on prior convictions if two conditions are met: (1) the prior offense was based on conduct relevant to the defendant's federal crime; and (2) the prior offense increased the Guidelines offense level for the federal crime. First, relax: Chances are that your children will be very happy with this. There are easy ways to gently break the kids into the idea.Most of the time, adult kids are pleased when a widowed parent gets a new romantic partner. Just mention activities you've done with the person ("I went to see a movie yesterday with my friend Irene.").Although Sayer had said there were no pictures of Jane Doe on it, a forensic analysis of the camera uncovered a picture of Jane Doe in a sexual position and another photo of her engaged in a sex act. Sayer argues that because the text of § 2261A(2)(A) encompasses speech that causes only substantial emotional distress, it proscribes protected expression that is merely annoying or insulting. Other circuits have rejected similar overbreadth claims. Otherwise, he lists hypotheticals that purport to exemplify the statute's overbreadth, even though § 2261A(2)(A) does not apply to most under a plain reading of the statute. In December 2009, Jane Doe again contacted the police to report another fake profile that had been created under her name on My Space, another social networking site. His interpretation of § 2261A(2)(A) is unconvincing because it takes the term “substantial emotional distress” wholly out of context. See Petrovic, 701 F.3d at 856 (concluding § 2261A(2)(A) mostly applies to conduct not protected by the First Amendment); United States v. The interstate stalking statute, which prohibits a course of conduct done with “intent to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress” clearly targets conduct performed with serious criminal intent, not just speech that happens to cause annoyance or insult. As a result, Sayer has not shown that § 2261A(2)(A) is substantially overbroad, either in an absolute sense or relative to its legitimate applications, so as to warrant the “strong medicine” of invalidating the entire provision. The man said he had met her online and was seeking a sexual encounter, having seen pictures of her on an adult pornography site.

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