In United States v. Harris, --- F.3d ---, No. 19-30202 (9th Cir. 2021), a divided panel vacated Harris’s sentence for sexually abusing the daughter of his girlfriend.
The majority held that, because there was no evidence Harris exercised control over his girlfriend, the district court abused its discretion in applying a leadership enhancement under U.S.S.G. § 3B1.1(c). This was true despite the fact that "Harris did play a central role in the offense by committing the offense himself and by working with [his girlfriend] as she committed the offense, but playing a central role is not sufficient to trigger the enhancement."
The majority also concluded the district court erred in applying a “guardian” enhancement under U.S.S.G. § 2G2.1(b)(5). It explained that Harris—who was not CV’s parent, didn’t act as her legal guardian, and knew CV for less than two months—was never entrusted with parent-like authority and never acted in loco parentis. Thus, the enhancement did not apply.
