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United States of America v. Erik D. Zahursky

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ARGUED OCTOBER 17, 2011

Before BAUER, POSNER, and WOOD, Circuit Judges.

This is Erik Zahursky’s second appeal to this court. In 2007, a jury convicted Zahursky of attempting to coerce or entice a minor to engage in sexual activity in violation of 18 U.S.C. § 2422(b)–an offense for which Zahursky received a 262-month prison term. Zahursky appealed, challenging both his conviction and a sentencing enhancement based on § 2G1.3(b)(2)(B) of the sentencing guidelines. We affirmed the conviction, but we vacated Zahursky’s sentence and remanded, ruling that § 2G1.3(b)(2)(B) was inap- plicable. On remand, the district court, relying in part on § 2G1.3(d) of the guidelines, sentenced Zahursky to 210 months in prison. Zahursky appeals again, arguing that our earlier ruling precludes not only the section (b)

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