United States v. Robert Scott, Sr.
434 F. App'x 103
3rd Cir.2011Background
- Scott pleaded guilty to conspiracy to transport individuals for prostitution, coercing and enticing interstate travel for prostitution, and distributing proceeds, plus two counts of interstate transportation of a minor for prostitution.
- District Court sentenced Scott to 274 months, three years' supervised release, $3,000 fine, and a $300 assessment.
- Scott moved to withdraw his guilty plea; district court accepted the plea before the motion and he filed the motion two weeks later.
- Issue-focused appellate briefing raised Rule 11(b) colloquy sufficiency, Rule 32(i)(3)(B) process, and various guideline calculations including cross-reference to §2A3.1 and enhancements.
- The district court applied §2A3.1 with cross-reference, four-level special offense characteristics, and enhancements for serious bodily injury, vulnerable victim, obstruction, and criminal history points.
- Court affirmed, noting the plea withdrawal was within the district court’s discretion, cross-reference and enhancements were proper, and any error in criminal history points was harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Plea withdrawal and Rule 11 colloquy | Scott sought withdrawal due to fairness concerns. | District Court properly denied withdrawal; colloquy satisfied. | District court did not abuse discretion; affirmed denial. |
| Cross-reference to §2A3.1 and base level | Offense did not involve criminal sexual abuse, so cross-reference was improper. | Foreseeable coercive acts justify cross-reference; base level proper. | Cross-reference upheld; base level correctly calculated. |
| Four-level enhancement under §2A3.1(b)(1) | No need to apply additional enhancement for conduct overlapping with cross-reference. | Four-level enhancement properly follows from §2A3.1 and is not double counted. | Enhancement properly applied; not error. |
| Vulnerable victim and obstruction enhancements | Evidence did not support enhancements for vulnerable victim and obstruction. | Victims included minors; witness tampering indicated obstruction. | Enhancements upheld; supported by record. |
| Criminal history point assessment | 1991 Tennessee conviction should affect sentence differently. | Guilty plea capped sentence; error harmless. | Harmless error; did not affect sentence selection. |
Key Cases Cited
- United States v. Langford, 516 F.3d 205 (3d Cir. 2008) (harmless-error conclusion when criminal-history points do not affect sentence)