United States v. Annette Basa
2016 U.S. App. LEXIS 5692
| 9th Cir. | 2016Background
- In 2013, two homeless 15-year-old girls (V.R. and A.J.) moved into Annette Basa’s home on Saipan; Basa provided them methamphetamine and arranged their sexual encounters with adult men in exchange for money or drugs.
- Local police received a tip and video; the girls reported Basa drove them to encounters, pressured them, and instructed them to lie about their age or being sold.
- Basa admitted facilitating multiple encounters, driving victims to encounters, and receiving payment; she pleaded guilty to sex trafficking of children under 18 U.S.C. § 1591(a)(1).
- At sentencing the district court applied U.S.S.G. § 2G1.3(b)(4)(A) (offense involved commission of a sex act) and § 2G1.3(b)(2)(B) (undue influence of a minor), and denied a downward departure for significantly reduced mental capacity under U.S.S.G. § 5K2.13.
- Basa received a 210-month prison sentence and appealed, contesting the applicability of the two Guidelines enhancements and the denial of the mental-capacity departure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of §2G1.3(b)(4)(A) (sex act enhancement) | N/A (government sought enhancement) | Basa: enhancement inapplicable because she did not personally commit a sex act with a minor | Enhancement applies because the Guideline requires the offense to have “involved the commission” of a sex act; defendant need not have personally committed the act. |
| Double counting of §2G1.3(b)(4)(A) and §2G1.3(b)(2)(B) | N/A | Basa: applying both enhancements impermissibly double counts | No double counting; the two enhancements address distinct offense characteristics and do not duplicate an element of §1591. |
| Downward departure under §5K2.13 for reduced mental capacity | Basa: diminished capacity and PTSD substantially contributed to offense | Government: diminished capacity did not substantially contribute; some impairment due to voluntary drug use; defendant acted deliberately | District court permissibly denied departure; findings (voluntary drug use, deliberateness, use of tactics) not clearly erroneous. |
| Standard of review for Guidelines facts | N/A | N/A | Court assumed review on facts for clear error; outcome unaffected by intracircuit split on standard. |
Key Cases Cited
- United States v. Hornbuckle, 784 F.3d 549 (9th Cir. 2015) (upheld §2G1.3(b)(4)(A) enhancement where defendants caused minors to have sex with others though they did not personally commit sex acts)
- United States v. Willoughby, 742 F.3d 229 (6th Cir. 2014) (held §1591 conviction does not require a sex act and §2G1.3(b)(4)(A) can apply even when defendant did not personally engage in the sex act)
- Russello v. United States, 464 U.S. 16 (1983) (textual-contrast interpretive canon: omission of language in related provisions suggests different meanings)