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Tag Archives: Child Pornography

Criminal Law: Child Pornography-Presentence Investigation Report-Untimely Government Objection

Defendant appealed from his sentence following his guilty plea to access or attempt to access child pornography. On appeal, defendant argued that his sentence should be reversed because the government failed to timely submit its objections to the presentence report ...

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Criminal Law: Child Pornography-Sentencing Enhancement-Pattern of Child Sexual Abuse

  Defendant pleaded guilty to accessing or attempting to access child pornography. The district court applied a five-level enhancement for “engag[ing] in a pattern of activity involving the sexual abuse or exploitation of a minor.” On appeal, defendant challenged the ...

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Criminal Law: Child Pornography-Below-Guidelines Sentence-Substantive Reasonableness of Sentence

Defendant pleaded guilty to producing and distributing child pornography and was sentenced to 240 months imprisonment. Defendant appealed her below-guidelines sentence, challenging it as substantively unreasonable. Where the district court addressed all statutory sentencing factors and related concerns and found ...

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Criminal Law: Child Pornography-Lesser-Included Offense Instruction-Obstruction of Justice Enhancement

Defendant was convicted for production of child pornography. At trial, defendant claimed he did not engage in sexual contact to produce child pornography and sought a lesser-Included offense instruction. Where a possession charge included elements not part of the production ...

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