DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
211331P.pdf 03/29/2022 United States v. Nathan Kempter
U.S. Court of Appeals Case No: 21-1331
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Kelly, Author, with Benton and Erickson, Circuit Judges]
Criminal case - Criminal law and sentencing. The evidence was sufficient
to support defendant's convictions for interstate travel with intent to
engage in illicit sexual conduct and attempted enticement of a minor; the
district court did not err in applying a two-level enhancement under
Guidelines Sec. 2G1.3(b)(2)(B) for unduly influencing a minor to engage in
prohibited sexual conduct; nor did the court err in applying an
enhancement under Guidelines Sec. 3C1.1 for obstruction of justice based
on defendant's wilful attempts to impede law enforcement throughout the
entirety of the offense conduct; defendant's within-guidelines sentence
was not substantively unreasonable; no error in requiring defendant to
submit to polygraph exams during his supervised release; the district
court properly awarded restitution under the Abolish Human Trafficking
Act; the amount of restitution awarded - covering therapy and educational
resources - fell within the definition of the "full amount of the victim's
losses" and is affirmed.