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United States v. Martinez-Hernandez

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Submitted: December 14, 2009

Before LOKEN, Chief Judge, ARNOLD and BENTON, Circuit Judges.

Sergio Martinez-Hernandez pled guilty to transporting his 11-year-old step-daughter from Arkansas to Florida to engage in sexual activity. He is already serving a 20-year state sentence for the attempted sexual battery of his step-daughter in Florida. At federal sentencing, the district court*fn1 applied a four-level enhancement because Martinez-Hernandez abducted his victim. See U.S.S.G. § 2A3.1(b)(5). The court sentenced him to 235 months (plus 10 days), the bottom of the applicable guideline range. The federal sentence runs concurrent with the (longer) state sentence, with credit for time served.*fn2 Martinez-Hernandez contests the abduction enhancement in this appeal under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a)(2). According to him, his step-daughter never asked to go home, and in fact asked not to be taken home.

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