No. 20-3314 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Edward Lee Raiburn

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Central ____________

Submitted: October 18, 2021 Filed: December 15, 2021 ____________ Before SMITH, Chief Judge, WOLLMAN and LOKEN, Circuit Judges. ____________ SMITH, Chief Judge.

Edward Lee Raiburn pleaded guilty to one count of production of child pornography and was sentenced to 360 months’ imprisonment. On appeal, he argues that the district court1 erred in (1) applying a two-level enhancement for an offense involving “the commission of a sexual act or sexual contact,” U.S.S.G. § 2G2.1(b)(2)(A), and (2) applying a two-level enhancement for use of a computer to “solicit participation with a minor in sexually explicit conduct,” U.S.S.G. § 2G2.1(b)(6)(B)(ii). We affirm.

I. Discussion

K.N. resided in Oklahoma with her grandmother. In early 2019, K.N., then 12 years old, dated Raiburn’s stepson. Because of K.N.’s involvement with Raiburn’s stepson, Raiburn knew K.N.’s age. Despite K.N.’s age, Raiburn began a sexual relationship with K.N. He had sexual intercourse with K.N. on June 17, 2019. Raiburn told K.N. not to tell anyone. They had sexual intercourse on at least ten occasions, including at Raiburn’s home. Raiburn wrote a note documenting “two occasions in which [he] had sex with K.N. in mid-June 2019,” which also set forth “handwritten rules and guidelines that were to be followed by Raiburn and K.N.” R. Doc. 44, at 20 (bold omitted). Raiburn and K.N. signed the note.

In late July 2019, Oklahoma Child Protective Services notified K.N.’s mother that it had initiated an investigation into an alleged inappropriate relationship between Raiburn and K.N. As a result, K.N.’s mother moved K.N. to Des Moines, Iowa, to live with her.

After K.N.’s move, Raiburn went to Des Moines at least twice in August 2019 to meet K.N. On his first trip to Des Moines, Raiburn “bought K.N. a pre-paid cell phone for her to communicate with him.” Id. Raiburn traveled to Des Moines planning to have sex with K.N., but it did not occur.

1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa.

-2- On August 31, 2019, the Des Moines Police Department received a tip that a young girl was repeatedly entering and exiting a parked vehicle with an adult male inside it in the back of a library parking lot. An officer responded to the parking lot and found 37-year-old Raiburn and 13-year-old K.N.2 Raiburn told the officer that he and K.N. had traveled together from Oklahoma to Des Moines. K.N. told the officer that she lived in Oklahoma with her grandmother and that her grandmother was aware that she was with Raiburn in Des Moines. The officer, suspicious of the pair’s stories, called K.N.’s grandmother. K.N.’s grandmother refuted their tale. In fact, an Oklahoma court had issued a non-contact order stemming from suspicions of a sexual relationship between K.N. and Raiburn. K.N.’s grandmother further informed the officer that the family relocated K.N. to Des Moines to live with K.N.’s mother to keep K.N. away from Raiburn. The officer then contacted K.N.’s mother, who picked up K.N. The officer permitted Raiburn to leave.

The same day, K.N.’s mother learned that K.N. had a prepaid cell phone that Raiburn had g