2^nd instance:

Madkins appealed his sentence arguing that the District Court erred in applying the two level sentence enhancements for unduly influencing a minor to engage in sexual conduct and for using a computer to entice and solicit persons to engage in prohibited sexual conduct with minors (See Sentencing Guidelines 2G1.3(b)(2)(B) and U.S.S.G. § 2G1.3(b)(3)(B)).The Circuit Court noted there is a presumption of undue influence since the defendant was 10 years older than the minor female victims and no evidence rebutted this presumption.

For the second two level enhancement, using a computer, the record indicated Madkins used craigslist but did not confirm that he used a computer to communicate directly with the victims or people who had custody or control over them. However, under appellate plain error review, the District Court’s decision will be overturned if the error affected the defendant’s substantial rights. Thus, here, where substantial rights have not been affected by this error, and where Madkin could not carry his burden to show prejudice or a miscarriage of justice, the sentence enhancement was affirmed. Furthermore, even without the enhancement, the District Court could have imposed the same sentence.