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Tag Archives: Child Pornography

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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Criminal Law: Child Pornography-Sentencing-Substantive Unreasonableness

Defendant pleaded guilty to various child-pornography offenses. Defendant appealed his sentence, arguing that it was substantively unreasonable. Where sentence was below advisory guideline range and district court reasonably considered all statutory sentencing factors, defendant had not received substantively unreasonable sentence. ...

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