United States v. Ausburn

OPINION OF THE COURT

POLLAK, District Judge:

David Ausburn appeals from the sentence imposed after he pled guilty to using a telephone and a computer to persuade a minor to engage in illegal sexual activity in violation of 18 U.S.C. § 2422(b). The most salient feature of that sentence is a 144-month term of imprisonment — more than double the top end of the advisory range under the Sentencing Guidelines (“guidelines” or “U.S.S.G.”). Ausburn argues that: (1) the District Court’s failure to provide advance notice of its intent to sentence him above the advisory guidelines range violated the Due…