UNITED STATES of America, Plaintiff-Appellee, v. Eric Reed BUTLER, Defendant-Appellant

Defendant appeals his sentence after pleading guilty to three counts of “Travel with intent to engage in a sexual act with a juvenile,” in violation of 18 U.S.C. § 2423 (b).

This appeal presents two sentencing issues:

1. Whether the district court properly applied United States Sentencing Guideline (“U.S.S.G.”) § 2A3.1 to Appellant’s conviction for “Travel with intent to engage in sexual acts with a juvenile;” and,

2. Whether the district court properly refused to group the three counts of the conviction under U.S.S.G. § 3D1.2.

STANDARD OF REVIEW

The district court’s interpretation and application of the Sentencing Guidelines are reviewed de novo. United States v. Basinger, 60 F.3d 1400, 1409 (9th Cir.1995).

FACTS

As part of a “sting operation,” a member of the Los Angeles Federal Child Pornography Task Force placed a fictitious advertisement in an adult magazine. In this advertisement, a “mother” invited someone to teach her children sexual matters. Appellant, a resident of Spokane, Washington, responded to the advertisement and corresponded with the fictitious “mother” from December 1993 until November 1994. During this correspondence, Appellant was told that the children…