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You have never testified in a case for the defense or for the government where a person was charged with chatting with an actual minor on the Internet?
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As to this count, the court overruled Grauer's objection to the § 2G1.3(b)(2) enhancement, explaining: Whether those misrepresentations were made with the intent to entice is the more difficult question.* * * * *The defendant ․ argues that his minor misrepresentation about his age, in this case more or less than 10 years, was not instrumental [a word used in United States v.
The application note to this guideline provides: The misrepresentation to which the enhancement in subsection (b)(2)(A) may apply includes misrepresentation of a participant's name, age, occupation, gender, or status, as long as the misrepresentation was made with the intent to persuade, induce, entice, coerce, or facilitate the travel of, a minor to engage in prohibited sexual conduct.§ 2G1.3(b)(2)(A), comment.
After careful review of the record, we cannot say the court's finding in this regard was clearly erroneous.
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The district court, having heard lengthy trial testimony regarding the nature and purpose of Grauer's chats, was in the best position to find whether he made one or more identity misrepresentations with the intent that warranted the § 2G1.3(b)(2)(A) enhancement.
Nor did the district court abuse its discretion by overruling Grauer's objections to this line of questioning until it became cumulative.