Summary
Defendant appealed his sentence for transporting a minor for illegal sexual activity, challenging the district court's application of U.S.S.G. § 4B1.5(b)(1) for engaging in a pattern of prohibited sexual conduct on at least two separate occasions. The Fifth Circuit affirmed, holding that the district court did not clearly err in finding a second occasion based on the defendant's reliable admissions to the FBI regarding soliciting a 15-year-old girl, even though the defendant presented no rebuttal evidence. The court also found no plain error in the district court's reliance on the defendant's uncorroborated admission that he believed the victim was 15, as he cited no authority requiring corroboration for that sentencing finding.
Topics
Practice areas
Questions Presented
- Whether the district court clearly erred in finding that the evidence established a second occasion of prohibited sexual conduct with a minor based on Partaka's admissions regarding a 15-year-old girl in Dallas.
- Whether the district court plainly erred in finding that the Dallas girl was a minor based on Partaka's statement that he believed she was 15 years old.
Holdings
- The district court did not clearly err because Partaka presented no evidence to rebut his admissions, which were plausible in light of the record as a whole, and he failed to show that his admissions were materially untrue, inaccurate, or unreliable.
- Partaka did not establish plain error because he cited no authority to support his assertion that his uncorroborated admission was an insufficient basis for the district court to find by a preponderance of the evidence that the girl was a minor.
Key quotations
“Even if Partaka’s sentencing arguments challenging the general reliability of his admissions were sufficient to preserve his claim for appeal, he has not shown that the district court clearly erred in determining that the PSR and FBI report had an adequate evidentiary basis with sufficient indicia of reliability to be considered at sentencing and that he failed to show that his admissions were 'materially untrue, inaccurate or unreliable.'” (2)
“Partaka cites no authority to support his assertion that his statement provided an insufficient basis for the district court to find by a preponderance of the evidence that the girl was a minor. He has not established plain error.” (3)
Factual background
Partaka was convicted of transporting a minor with intent to engage in criminal sexual activity. The presentence report indicated that he had engaged in prohibited sexual conduct with minors on multiple occasions, including an encounter that formed the basis of his conviction, contacts with a 16-year-old girl in Michigan and a 15-year-old girl in Lubbock, Texas, and soliciting sex from a 15-year-old girl in Dallas, Texas. The district court found that the evidence established a second occasion based on the Dallas incident, relying on Partaka's admissions during an FBI interview.
Procedural history
Partaka pleaded guilty to one count of transporting a minor with intent to engage in criminal sexual activity in violation of 18 U.S.C. § 2423(a). The district court enhanced his offense level under U.S.S.G. § 4B1.5(b)(1) based on a finding that he engaged in a pattern of activity involving prohibited sexual conduct with a minor on at least two separate occasions. Partaka appealed the sentence.