Page 53 - TPA Journal March April 2022

confronted with a sentencing error no matter how On March 5, 2015, Peterson responded to an online
emphatically they indicate otherwise, they do not advertisement in the personals section of Craigslist
help Redmond rebut the Government’s “evidence posted by Investigator John Graham of the Taylor
in the record that convincingly demonstrates the County, Texas, Sheriff’s Office, who was posing as
district court would [have] impose[d] the same a 19-year-old woman named “Nikki.”
sentence for the same reasons” absent the
Guidelines error. Over the course of the next five days, “Nikki” and
Peterson’s conversation proceeded from e-mails to
(more sentencing discussion omitted.) text messages. Peterson sent “Nikki” photographs
of himself, and Investigator Graham as “Nikki” sent
For the foregoing reasons, the judgment of the Peterson two images: a darkened picture of the
district court is AFFIRMED. body of a 25-year-old woman and a picture of a
woman that had been age-regressed to look like a
U.S. v. Redmond, No. 19-10535, 5th Circuit, July 13-yearold girl. During their text conversations,
30, 2020. “Nikki” implied several times that she was not 18
**************************************** years old, and she ultimately told Peterson that she
**************************** was 13 years old. Despite learning that “Nikki” was
13 years old, Peterson continued the text
conversation. They discussed her sexual
experiences, potential meetings, and prospective
EVIDENCE – CHILD ENTICEMENT sexual encounters. At one point, Peterson suggested
he would purchase “Nikki” a cell phone if she met
Gary Glenn Peterson was convicted by a jury of with him in person so she could send him sexual
attempted enticement of a minor to engage in videos and photos.
illegal sexual activity under 18 U.S.C. § 2422(b)
and sentenced to 240 months’ incarceration. On March 18, 2015, “Nikki” told Peterson to meet
Peterson appeals his conviction and sentence on her at a local park. Peterson arrived at the meet-up
three grounds. First, he argues there was location with an empty condom box, erectile
insufficient evidence to prove the enticement dysfunction medication, and a Victoria’s Secret bag
element of § 2422(b). Second, Peterson argues containing two pink pajama sets in size Petite Small
that the district court erred when it declined to give and a receipt showing he had purchased the items
his requested jury instruction on the definition of that morning at the local mall. Peterson was arrested
enticement. Finally, Peterson challenges the upon his arrival.
procedural reasonableness of his sentence on two
grounds: he argues that the district court erred when In February 2019, Peterson was indicted on a single
it failed to adequately consider a departure under count of attempted enticement of a child in
U.S.S.G. § 4A1.3 prior to imposing an upward violation of 18 U.S.C. § 2422(b) and, after trial, a
variance based on criminal history, and that it also jury convicted him. The district court sentenced
erred by considering clearly erroneous facts at Peterson to 240 months’ incarceration followed by
sentencing. We AFFIRM. a life term of supervised release. Peterson timely
appealed.

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