United States v. Jorge Montoy

Good Law
664 F. App'x 632
United States Court of Appeals for the Ninth CircuitOctober 25, 201615-50323California870 words

Opinion

Opinion

MEMORANDUM

Jorge Montoy (“Montoy”) appeals his conviction and 240-month sentence for aiding and abetting the sexual exploitation of a minor in violation of 18 U.S.C. §§ 2 and 2251(a). We affirm.

The district court properly interpreted the term “induce” as it is used in 18 U.S.C. § 2 . 18 U.S.C. § 2 (a) provides, ‘Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.” There is no federal case law construing the term “induce” as it is used in 18 U.S.C. § 2 . Under the rules of statutory construction, “[t]he plain meaning of the statute controls, and courts will look no further, unless its application leads to unreasonable or impracticable results.” United States v. Leyva, 282 F.3d 623, 625 (9th Cir. 2002). To “induce” is “to move by persuasion or influence.” United States v. Rashkovski, 301 F.3d 1133, 1136 (9th Cir. 2002) (quoting Merriam-Webster’s Collegiate Dictionary (2002)); see also United States v. Ezeta, 752 F.3d 1182, 1185 (9th Cir. 2014) (“To determine a word’s plain and ordinary meaning, we may refer to standard English language dictionaries.”) The district court’s…

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