United States v. Lydia Vasquez

HAYNES, Circuit Judge:

Lydia Vasquez appeals the 140-month sentence she received for knowingly enticing and coercing an individual to engage in unlawful sexual activity under 18 U.S.C. § 2422(a). Vasquez challenges whether an eight-level enhancement for an offense involving a minor under twelve years of age should have applied to increase her sentence, see U.S. Sentencing Guidelines Makual (“U.S.S.G.”) § 2G1.3(b)(5) (U.S. Sentencing Comm’n 2015), when she knew the minor was fictitious because she had made the infant up. We hold that § 2G1.3(b)(5) does not apply when a defendant invents and…