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December 24, 2009

No happy ending in sentencing appeal by defendant involved in (illegal) happy endings

A panel of the Seventh Circuit issued an interesting little sentencing opinion yesterday in US v. Young, No. 08-2357 (7th Cir. Dec. 23, 2009) (available here).  The start of the Young opinion helps explain the title of this post:

Bok Young helped to run a day spa in Highland, Indiana, at which she and other workers provided sexual massages to spa customers.  She was arrested when the spa was raided by local and federal agents.  Young eventually pleaded guilty to conspiring to use the facilities of interstate commerce to facilitate prostitution, see 18 U.S.C. §§ 371 and 1952(a)(3), and the district court ordered her to serve a prison term of eighteen months, the minimum term called for by the Sentencing Guidelines.  Young appeals, contending that the district court made two errors in calculating her Guidelines range: characterizing Young’s role in the offense as that of a manager or supervisor, see U.S.S.G. § 3B1.1(b) and (c), and treating Young’s co-workers as victims whom she had enticed to engage in prohibited sexual conduct, see U.S.S.G. § 2G1.1(d).  Young also argues that the court failed to give meaningful attention to the mitigating factors she cited as a basis for a lower sentence, and that the sentence imposed by the court is unreasonable.  We affirm.

December 24, 2009 at 11:58 AM | Permalink

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Comments

"I've given a million ladies a million
foot massages and they all meant
somethin'. We act like they don't,
but they do. That's what's so f..in'
cool about 'em. This sensual thing's
goin' on that nobody's talkin about,
but you know it and she knows it..."

Vincent Vega

I am not saying it is the same thing, but it is something to ponder. Everything is criminalized such that there is a blur between the conduct from which we actually need protection and things like streaking or urinating in public during a marathon, both of which could have sexual registry implications.

Posted by: Stanley Feldman | Dec 24, 2009 4:53:57 PM

These Vietnamese and other Asian ladies are fed prey these days, and don't realize it. Several have already been sentenced to the Pekin federal women's "camp". Years back, this area of northern Indiana had a place called "Naked City," run by a former client--truckers and other pervs loved the place. The crimes back then were state offenses...and probationable.

Posted by: FluffyRoss | Dec 25, 2009 9:56:46 AM

Skipping the rest and straight to the booze.. I've found that Gin & Tonics go down much more easily with a slab of cucumber to balance out the acidity of the tonic.

Posted by: teerter hang ups | Apr 20, 2010 5:28:38 PM

Thank you for this lovely gift tags. They're perfect for my nephews :D
Best regards from Spain,
Marta

Posted by: teerter hang ups | Apr 20, 2010 5:32:38 PM

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