Civilian Volunteer Working with Cops Supports 2G2.1 Enhancement

U.S. v. Mai, 2008 WL 4139383 (9/9/08) (unpub'd) - It was okay to cross-reference from USSG § 2G1.3 (re: traveling to engage in illicit sexual conduct) to § 2G2.1 (sexual exploitation of a minor) [an 8-level higher base offense level]. The cross-reference is only appropriate when a "minor" is involved and "minor" is defined as a person under 18 or a "law enforcement officer" pretending to be under 18. In this case, the adult representing herself on the web as a minor was actually a civilian member of a group called "Perverted Justice." She was not a law enforcement officer. But, because it is not a defense to an enticement offense that a minor wasn't really involved and because the civilian volunteer was working with law enforcement, the cross-reference applied. It was close enough.