Enhancements for Virtual Minor Victim OK

U.S. v. Graham, -- F.3d --, 2005 WL 1541089 (10th Cir. 7/1/05) - COA affirms sentence for interstate travel to engage in a sex act with a child under 16 years of age. Investigation involved a sting operation with an undercover officer posing as mom of two minor daughters. Cross reference to USSG § 2A3.2(c) and 4-level enhancement for victim under 12 years of age were properly applied even though officer posed as mom of two persons under age 16, rather than as a child, and the victim was only a virtual one. District court did not clearly err in finding defendant intended to engage in a sex act with a 7-year-old child. District court factfinding to support three enhancements was constitutional Booker error, but not plain error, because there was no reasonable probability a jury would not have found that Mr. Graham intended to engage in a sex act with a 7-year-old and there was no reasonable probability that the district court would have reasonably imposed a sentence outside the guideline sentencing range under a post-Booker advisory regime.