United States v. Sayer

LYNCH, Chief Judge.

This case challenges the constitutionality of the cyberstalking statute, 18 U.S.C. § 2261A. Shawn Sayer pled guilty to one count of cyberstalking and was sentenced to sixty months’ imprisonment, the statutory maximum. Sayer appeals, on constitutional grounds, from the district court’s denial of his motion to dismiss the cyber-stalking charge in the indictment. He also appeals from his sentence, arguing that he was eligible for a downward departure from a Guidelines sentence and so his sentence above the Guidelines range was unreasonable. We affirm.

I

A. Factual Background

The…