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Cronk, III, AUSA, argued, Davenport, IA, for Appellee. Grauer of attempted enticement of a minor to engage in illicit sexual activity in violation of 18 U. As the chats progressed, they became sexually explicit. Herriot was aware of a specific case from the Southern District of Iowa: So you're not aware of a case that arose here in Davenport where a subject named Fronczak met a 13–year–old girl here in Davenport and traveled here from California, picked her up, took her to a motel, and had sex with her, you don't know about that case? The court sustained his objection to a question about a fourth case as cumulative. Koch, 625 F.3d 470, 478 (8th Cir.2010) (quotations omitted). As to this count, the court overruled Grauer's objection to the § 2G1.3(b)(2) enhancement, explaining: Whether those misrepresentations were made with the intent to entice is the more difficult question.* * * * *The defendant ․ argues that his minor misrepresentation about his age, in this case more or less than 10 years, was not instrumental [a word used in United States v. The application note to this guideline provides: The misrepresentation to which the enhancement in subsection (b)(2)(A) may apply includes misrepresentation of a participant's name, age, occupation, gender, or status, as long as the misrepresentation was made with the intent to persuade, induce, entice, coerce, or facilitate the travel of, a minor to engage in prohibited sexual conduct.§ 2G1.3(b)(2)(A), comment. Grauer concedes that he misrepresented his name and age in his chats with “Jenny” but argues the misrepresentations were not made with the requisite intent. But the enhancement is inclusive, applying to all identity misrepresentations made with the requisite intent, including but not limited to those relating to “name, age, occupation, gender, or status.” App. The district court clearly recognized the breadth of this inquiry when it relied for its ruling on our decision in Young, where we upheld the enhancement based upon defendant's misrepresentation of his occupation and his marital status. Here, Grauer misrepresented his age in recounting a recent sexual relationship with a college girl who “liked me.” He initially told Jenny he was a consultant but later claimed to be an engineer who designs “energy stuff” to “save the earth.” Over the course of their Internet relationship, Grauer claimed to have several young girlfriends who enjoyed sexual activity with him.… continue reading »
That's Oracle's go-to method for installing notorious crapware like the toolbar in exchange for, we imagine, considerable sums of money. Translated, that means "we're technically asking permission," but forcing users to opt out is still a highly dubious practice.… continue reading »
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