Second Circuit – Sentencing: United States v. McGrain

United States Court of Appeals for the Second Circuit

Sentencing

Sexual assault of a minor – Custody enhancement

United States v. McGrain

22-661-cr

Judges Lynch, Park, and Menashi

Background: The defendant was sentenced to 264 months in prison for sexually abusing his then- 14-year-old daughter and obstructing the investigation into that abuse. At sentencing a two-offense-level enhancement was applied because the victim was in the defendant’s custody, care, or supervisory control when he abused her.

Ruling: The Second Circuit affirmed. The court noted that whether a minor is in the custody, care or supervisory control of a defendant requires a case-by-case analysis but the text from the sentencing guidelines is not limited to “parent-like” as it encompasses a range of other relationships in which a minor is entrusted to the defendant. The record supports a determination that the defendant shared some of the parental responsibilities with her. The Second Circuit further held that engaging in conduct that indicates acceptance of responsibility after having obstructed justice does not necessarily entitle a defendant to a reduction in sentencing.

Martin J. Vogelbaum, of the office of the Federal Public Defender, for the defendant-appellant; Katherine A. Gregory, assistant United States attorney, for the appellee.