Document Type


Publication Date



Defendant-appellant John Altman appeals from a judgment entered on September 18, 1989, in the United States District Court for the Southern District of New York (Leisure, J.) imposing a ten-year term of imprisonment for sexual exploitation of a minor and a ten-year term of imprisonment for interstate transportation of a minor for illegal sexual activity, the terms to run concurrently, and a five-year term of imprisonment on each of two counts of wire fraud, those terms also to be served concurrently. The ten-year term and the five-year term were imposed to run consecutively, for a total of fifteen years. Altman contends that the district court erred in applying the Sentencing Guidelines by increasing his base offense levels for obstruction of justice and the vulnerability of the victims, by not crediting his acceptance of responsibility, and by considering a state misdemeanor conviction in determining his criminal history category. We conclude that the court erred in failing to consider key evidence bearing on the enhancement of sentence for obstruction of justice and relevant to the denial of credit for acceptance of responsibility. Therefore, we vacate the sentence and remand for resentencing in a manner consistent with this opinion.


901 F.2d 1161 (1990)

UNITED STATES of America, Appellee,


John ALTMAN, Defendant-Appellant.

No. 831, Docket 89-1479. United States Court of Appeals, Second Circuit.

Argued February 20, 1990.

Decided April 19, 1990.

New York Law School location: File #926, Box #124