Law Commons^™

But I'M Not Twenty-One Yet: How Section 3b1.4 Of The United States Sentencing Guidelines Ignored Congress's Intent To Enhance Sentences Only For Adults At Least Twenty-One-Years Of Age Who Corrupt Minors By Using Them To Commit Federal Offenses — And What Federal District Courts Can Do About It, Tory L. Lucas

Faculty Publications and Presentations

If five similar-yet-unrelated criminals use minors to commit similar federal crimes at the same time in different states, justice dictates that the federal sentencing system would fairly apply a use-of-minor enhancement to sentence these similarly situated defendants. One would think. But not all similarly situated defendants who use minors to commit federal offenses will be treated fairly. Why the disparity in federal sentencing? The answer lies in a conflict between the U.S. Congress and the U.S. Sentencing Commission. Congress directed the Sentencing Commission to promulgate a use-of-minor enhancement that ensures that the defendant’s age is relevant by focusing on adult …