Tuesday, September 05, 2006

Use of a Minor

United States v. Brazinskas, No. 05-4181 (August 15, 2006): The district court, relying on U.S.S.G. section 3B1.4, added two levels to Mr. Brazinskas’ sentence because he used a minor to commit the offense. The Seventh Circuit rejected the claim on appeal that the defendant must know that he is using a minor. It reasoned that the purpose of the enhancement is to protect minors, and this purpose would be frustrated if the government had to prove that the defendant knew that the person being used was a minor.