Federal sentencing rules provide for enhanced sentences for defendants who use a “computer” to entice a minor into engaging in sexual acts. The meaning of “computer” for sentencing purposes is taken from the Computer Fraud and Abuse Act, discussed in this chapter.If a defendant uses his cell phone to call and text the minor who he entices to engage in prohibited sex acts, should he receive the enhanced sentence for use of a “computer”? Is your cell phone a computer? See United States v. Kramer, 631 F.3d 900 (8th Cir. 2011), cert denied 131 S. Ct. 2977 (2011). Also, conduct a search for cases pending or adjudicated and comment on the arguments of these cases.
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