United States v. Daniel Dietz

MEMORANDUM

Daniel Dietz appeals from the 196-month sentence imposed following his guilty-plea conviction for enticement of a minor and transfer of obscene material to a minor.

On August 8, 2007, Dietz was indicted in Montana state court for sexual intercourse without consent and sexual abuse of children. On November 27, 2007, a Montana state court sentenced Dietz to 50 years for each count, 40 years of each sentence suspended, with both sentences to be served concurrently.

On November 15, 2007, Dietz was indicted in federal court for coercion and enticement, in violation of 18 U.S.C. § 2422 (b); transfer of obscene material to a minor, in violation of 18 U.S.C. § 1470 ; and forfeiture, in violation of 18 U.S.C. § 2253 . He pled guilty to these charges on April 11, 2008. At sentencing, the district court determined that the sentencing range was 210-262 months. This determination was based in part on the finding that Dietz had seven criminal history points and a criminal history category of IV. The court awarded Dietz a 14-month credit “for the use of relevant conduct insofar as the state’s sentence [was] concerned,” resulting in a sentence of 196 months on his § 2422(b) offense…