U.S. v. LEACH

No. 06-1471.

491 F.3d 858 (2007)

UNITED STATES of America, Appellant, v. Tyler M. LEACH, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 22, 2007.


Attorney(s) appearing for the Case

Philip M. Koppe, Asst. U.S. Atty., argued, Kansas City, MO (Bradley J. Schlozman, U.S. Atty., Cynthia L. Phillips, Asst. U.S. Atty., on the brief), for appellant.

Stephen C. Moss, Asst. Fed. Public Defender, argued, Kansas City, MO (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellee.

Before WOLLMAN, BYE, and SMITH, Circuit Judges.


SMITH, Circuit Judge.

Tyler Leach pleaded guilty, pursuant to a plea agreement, to knowingly using a facility of interstate commerce to attempt to persuade, induce, and entice a minor to engage in illegal sexual activity, in violation of 18 U.S.C. § 2422(b). In sentencing Leach, the district court declined to apply enhancements advocated by the government under U.S.S.G. § 4B1.5(a) or, alternatively, under § 4B1.5(b). Leach was sentenced to 72 months...

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