Académique Documents
Professionnel Documents
Culture Documents
Page: 1 of 9
[PUBLISH]
Case: 14-13383
Page: 2 of 9
Case: 14-13383
Page: 3 of 9
women to meet a client and to reimburse Mrs. Saintvil for posting the online
advertisements.
During the same time period, Hill also enlisted Saintvils assistance to take a
third young woman to various locations where she engaged in prostitution. As
with the other two minors, Hill used internet ads to obtain clients for her.
Hill was indicted in federal court along with Murray and Saintvil for
conspiracy to commit child sex trafficking and substantive counts of child sex
trafficking in violation of 18 U.S.C. 1594(c) and 1591(a)(1). 1 After Hill pled
guilty to the conspiracy charge, the United States Probation Office recommended,
among other enhancements, a two-level upward adjustment for Hills leadership
role in the offense under 3B1.1(c). At sentencing, the Government urged the
district court to apply an additional two-level enhancement for Hills use of a
computer to solicit individuals to engage in prohibited sexual conduct with minors
under 2G1.3(b)(3)(B). After considering the parties arguments and the factors
listed in 18 U.S.C. 3553(a), the court imposed a 192-month sentence, applying
both enhancements over Hills objections. Hill filed a timely notice of appeal.
II.
As noted above, Hill first challenges the district courts application of the
computer-use enhancement in calculating his sentence. If a district court
1
Although irrelevant to our analysis, we note that the indictment also charged Hill,
individually, as a convicted felon in possession of a firearm.
3
Case: 14-13383
Page: 4 of 9
Case: 14-13383
Page: 5 of 9
In United States v. Madkins, 390 F. Appx 849 (11th Cir. 2010), we acknowledged in
dicta that a persuasive case has been made that the commentary is at odds with the plain
language of this enhancement[;] however, we ultimately decided the case on narrower grounds.
Id. at 852.
3
The Seventh Circuit previously reversed a district courts application of the enhancement
because the Government conceded that it was inapplicable. United States v. Patterson, 576 F.3d
431, 443 (7th Cir. 2009). Our sister circuit recently issued an opinion rejecting the
Governments erroneous concession and adopting the Fifth Circuits analysis. McMillian, 765
F.3d at 450.
5
Case: 14-13383
Page: 6 of 9
Hill does not argue that the cellphone with which Hill sent photographs to Mrs. Saintvil is
not a computer. Any such argument is thus abandoned. See also United States v. Kramer, 631
F.3d 900, 902-03 (8th Cir. 2011) (defining a cell phone as a computer for purposes of the
guidelines pursuant to 18 U.S.C. 1030(e)(1)); U.S.S.G. 2G1.3, cmt. n.1 (defining computer
as having the meaning provided in 18 U.S.C. 1030(e)(1)).
6
Case: 14-13383
Page: 7 of 9
Case: 14-13383
Page: 8 of 9
Case: 14-13383
Page: 9 of 9
Id. 3B1.1(c), cmt. n.4. An individual has a supervisory or managerial role where,
for example, he recruits others to make his criminal scheme more effective, sets the
prices to be paid for the illegal services, and pays his co-conspirators while
keeping a larger portion of the profits for himself. United States v. Njau, 386 F.3d
1039, 1041 (11th Cir. 2004).
The district courts finding that Hill exercised a supervisory role in the
criminal scheme was not clearly erroneous. See Njau, 386 F.3d at 1041. Hill
actively recruited Saintvil and his wife to aid him in his criminal scheme, paying
them for the services they rendered. Hill arranged transportation for the young
girls to meet clients, set the prices they were to charge, and kept the majority of the
illegal gains for himself. He also took the lewd photographs Mrs. Saintvil posted
online at Hills direction. Based on these facts, the district court appropriately
added two levels pursuant to 3B1.1(c).
AFFIRMED.