Sex Offender Guideline Loss

United States v. Cifeuntes-Lopez, 2002 WL 2920055 (10th Cir. July 26, 2022) (OK): The panel finds that the repeat sex offender pattern of activity enhancement in USSG § 4B1.5(b)(1) can be applied to either repeated abuse of a single minor or to separate abuses of multiple minors. In other words, where, like in this case, two minors were abused only once, the enhancement still applies. The panel also finds that applying § 4B1.5(b)(1)’s five level patterns of activity with the grouping section’s two level multiple count enhancement under § 3D1.4 is not double counting. First, the guidelines expressly intended cumulative application. Section 4B1.5(b)(1) says the five levels must be added to the offense level determined under Chapters Two and Three. Second, the enhancements serve different sentencing goals. The panel said § 4B1.5 protects minors from sex offenders who present a continuing danger to the public. In contrast, § 3D1.4 provides “incremental punishment for significant additional criminal conduct.”