Dean

MEMORANDUM **

Marcus Dean appeals the sentence of 240 months he received after pleading guilty to violations of 18 U.S.C. § 2423 (a) (interstate transportation of a minor with intent to engage in criminal sexual activity), 18 U.S.C. § 2423 (b) (travel with intent to engage in illicit sexual conduct), and 21 U.S.C. §§ 841 & 859 (distribution of drugs to a minor). Dean contends that the District Court misapplied the sentencing guidelines in (1) enhancing Dean’s offense level by two levels on the ground that Dean had unduly influenced the minor to engage in prohibited sexual conduct, (2) not grouping Dean’s drug and sex offenses, and (3) imposing consecutive rather than concurrent sentences on Dean’s drug and sex offenses. Dean also contends that the District Court erred in failing to provide him with reasonable notice that it intended to impose a sentence significantly in excess of his advisory guideline range. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . For the reasons given below, we will affirm in part and reverse in part.

I.

The guidelines provision governing violations of 18 U.S.C. § 2423 establishes a rebuttable presumption of undue influence…