7th Circuit affirms man's remanded sentence

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The 7th Circuit Court of Appeals has upheld the 210-month sentence received by a defendant on remand for attempting to coerce or entice a minor to engage in sexual activity.

In United States of America v. Erik D. Zahursky, No. 11-2054, Erik D. Zahursky was originally sentenced to 262 months for his conviction, which was based on his attempts to meet and have sexual relations with what he believed to be two 14-year-old girls he met online. He appealed that sentence, which the 7th Circuit vacated because it found the sentencing enhancement imposed based on Section 2G1.3(b)(2)(B) of the sentencing guidelines was inapplicable. At that time, Zahursky didn’t challenge the pseudo-count enhancement based on Section 2G1.3(d).

The District Court, relying in part on Section 2G1.3(d) of the guidelines, sentenced him to 210 months in prison. Zahursky again appealed, arguing that the earlier 7th Circuit ruling not only precludes the section (b) enhancement, but also the section (d) enhancement.

“Zahursky chose in his first appeal to focus on the undue influence enhancement described in § 2G1.3(b)(2)(B). If he had complained on that appeal about the section (d) pseudo-count enhancement, then we might have ordered an evidentiary hearing on Holly’s identity or age and remanded for resentencing on these grounds as well. But he did not, and so he has forfeited this line of attack,” wrote Judge Diane Wood.

Also, the District Court was not obliged to consider his new argument on remand, Wood noted.



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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon