530 F. App'x 522
6th Cir.2013Background
- Murphy pled guilty to five counts for transporting individuals for prostitution (Counts 1-3) and transporting a minor for prostitution (Counts 4-5).
- Original sentence was 120 months; district court had applied minor-inducement and misrepresentation enhancements under §2G1.3(b)(3)(A) and §2G1.3(b)(2)(A).
- Murphy moved under 28 U.S.C. §2255 in 2012 raising ineffective assistance, failure to review PSR, and improper sentencing enhancements.
- Government conceded misapplication of minor-inducement enhancement and urged use of §2G1.3(b)(3)(B) and §2G1.3(b)(2)(B); district court reserved ruling on undue-influence.
- New attorney Rankin obtained access to sealed grand jury transcripts; resentencing occurred September 13, 2012 with enhancements under §2G1.3(b)(2)(B) and §2G1.3(b)(3)(B).
- Court affirmed district court’s ruling, holding Rule 32(i)(3)(B) compliance, no plain error from grand jury materials, and reasonableness of sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 32(i)(3)(B) compliance at resentencing | Murphy | Murphy | No error; literal compliance found |
| Use of sealed grand jury materials | Murphy | Murphy | Not plain error; counsel reviewed transcripts; no reversible defect |
| Reasonableness of sentence after enhancements | Murphy | Murphy | Sentence procedurally and substantively reasonable at low end of range |
Key Cases Cited
- United States v. Keeler, 285 F. App’x 262 (6th Cir. 2008) (brief Rule 32 compliance suffices when facts are found on the record)
- United States v. Lay, 583 F.3d 436 (6th Cir. 2009) (undue-influence presumption under §2G1.3 cmt. n.3(B))
- United States v. Castellon, 213 F. App’x 732 (6th Cir. 2007) (support for proving undue influence)
- United States v. White, 492 F.3d 380 (6th Cir. 2007) (Rule 32 compliance; de novo review of issues)
- United States v. Hayes, 171 F.3d 389 (6th Cir. 1999) (grand jury material disclosure distinctions; letters vs. transcripts)