United States v. Douglas Ray Castleberry

Douglas Ray Castleberry appeals his 235-month sentence for attempted enticement of a minor, 18 U.S.C. § 2422(b). In calculating his offense level, the district court imposed a five-level enhancement for engaging in a pattern of activity involving prohibited sexual conduct, United States Sentencing Guidelines § 4B1.5(b)(l). The district court held that two internet chats Castleberry had with minors in September 2011 amounted to a pattern under § 4B1.5(b)(l). On appeal, Castleberry argues that this was error for three reasons: (1) the chats occurred contemporaneously with the offense of…