SocialSecurity Immigration
In this Writ we present three issues dealing with the calculating of the Guideline range by the District Court.
1. The District Court erred in adding a two-point enhancement to the offense level based on Petitioner using undue influence over the minor JH.
2. The District Court erred in adding a two-point enhancement to the offense level for use of computer to advertise on Backpage.com.
3. The District Court erred as a matter of law in the computation of criminal history based on a Texas State Court felony conviction with a initial sentence of probation which was revoked after the commission of the instant federal felony.
The Fifth Circuit Court of Appeals erred in affirming the sentence on June 14, 2018.
Whether the District Court erred in calculating the Guideline range by applying two-point enhancements for undue-influence and use-of-computer, and in computing criminal-history based on a revoked-probation conviction