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Sentencing Enhancement Under USA Law

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    • #111849 Reply
      Giga
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      Sentencing Enhancement Under Federal Law (18 U.S.C. § 2260A)

      Sentencing enhancements exist under both federal and state law and provide courts with the ability to increase an offender’s sentence beyond the normal range for a variety of reasons. Under 18 U.S.C. § 2260A, an individual who commits certain felony offenses involving a minor while required to register as a sex offender are subject to enhanced penalties, including a 10-year mandatory minimum sentence which must run consecutively to any other sentences imposed. Application of § 2260A depends on an offender’s registration status at the time the offender committed the predicate offense and violation of the statute does not require a minor’s actual involvement in the underlying offense. Additionally, retroactive application of § 2260A, the federal sentencing enhancement statute, does not violate the Ex Post Facto Clause.

    • #111850 Reply
      Giga
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      Hardeman, 704 F.3d at 1268 (holding that retroactive application of 18 U.S.C. § 2260A, a recidivism statute, does not violate the Ex Post Facto Clause); United States v. Morgan, 255 F. Supp. 3d 221, 233 (D.D.C. 2017) (holding that § 2260A is equivalent to a recidivist enhancement statute and retroactive application does not violate the Ex Post Facto Clause). For a more detailed discussion concerning challenges based on the Ex Post Facto Clause

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