Carlos Robles pleaded guilty to interstate travel with the intent to engage in a sexual act with a minor under 18 U.S.C. § 2423(b). The underlying facts involved Robles traveling from Florida to Texas to meet a minor, Jane Doe, whom he had been communicating with online since 2019. During their relationship, the minor sent Robles nude images and videos of herself masturbating, and Robles sent similar content. Upon meeting in person, the minor performed oral sex on Robles at least three times. At sentencing, the district court applied the U.S.S.G. § 2G1.3 cross-reference to § 2G2.1 and added a two-level enhancement for the sexual act. The court also imposed supervised release conditions requiring compliance with the Sex Offender Registration and Notification Act (SORNA), participation in treatment that could include polygraph testing, and a prohibition on possessing any sexually explicit materials. Robles appealed, challenging the guideline calculations and the scope of the supervised release conditions.
The Fifth Circuit reviewed the sentencing guidelines application de novo. First, the court addressed Robles's argument that the cross-reference to § 2G2.1 was improper because no visual depictions were created during the specific trip that constituted the offense of conviction. The court rejected this narrow view, clarifying that the term 'offense' includes all relevant conduct under § 1B1.3. The court found that the exchange of videos prior to the trip constituted 'grooming behavior' undertaken in preparation for the interstate travel offense. Because the guidelines cross-reference applies broadly to instances where a minor is induced to engage in sexually explicit conduct for the purpose of producing a visual depiction, and the grooming videos were relevant conduct, the cross-reference was correctly applied. Second, regarding the enhancement for the commission of a sexual act under § 2G2.1(b)(2)(A), the court held that this enhancement applies whenever sexual contact can be considered relevant conduct. Since the sexual acts occurred during the interstate travel, the enhancement was valid even though the acts themselves were not visually depicted. Finally, the court reviewed the supervised release conditions for abuse of discretion. The condition requiring SORNA compliance was upheld as it merely directed Robles to follow existing federal and state registration laws without delegating judicial power. The condition mandating polygraph testing was foreclosed by precedent in the Fifth Circuit. The condition prohibiting possession of any sexually explicit materials, including legal adult pornography, was upheld because the record showed a nexus between Robles's interest in minors and his interest in adult materials, noting his grooming of a victim who appeared to be a teenager but was treated as a child. The court concluded these restrictions were reasonably related to preventing future crimes and aiding rehabilitation.
Robles's conviction and sentence of 360 months imprisonment and 24 years of supervised release remain in effect. The decision clarifies that pre-offense grooming conduct involving the exchange of visual depictions can trigger the § 2G2.1 cross-reference even if the depictions were not created during the specific travel trip. It also reaffirms that sexual acts occurring during the offense of conviction support enhancements under § 2G2.1(b)(2)(A) regardless of whether they were recorded. The ruling solidifies the Fifth Circuit's stance that broad restrictions on access to sexually explicit materials are permissible for sex offenders where a nexus exists between their interest in adults and minors, and that polygraph testing remains a valid condition of supervised release.
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