Eighth Circuit -- United States v. Thomas Wohlman

United States v. Thomas Wohlman

   "Enticement of minor" sentence upheld substantively and procedurally.

Sentencing court did not view guidelines as mandatory.

No error in consideration of uncharged or unacquitted conduct in finding that deft is a sex offender.

Harmless error in judge remarking that mitigation was not proved to a clear and convincing standard, as it wasn't proved to a lesser standard.

No error in consideration of uncharged pr0n possession when described in PSR.

No error in imposition of within-guidelines fine.

Not substantively unreasonable sentence.

Ineffective assistance best considered on collateral attack.

Concurrence: It's legit, but it 's a bit rough.