United States Tenth Circuit

A sentence for attempted interstate transportation of child pornography and possession of child pornography is affirmed where: 1) the district court did not err in applying a five-level increase to defendant's sentence under U.S.S.G. section 2G2.2(b)(3)(B), which enhances a sentence based on "[d]istribution for the receipt, or expectation of receipt, of a thing of value, but not for pecuniary gain"; and 2) the district court did not apply the Guidelines in a mandatory fashion and its method for calculating defendant's sentence was procedurally reasonable.

Appellate Information

• Decided 08/20/2007
• Published 08/21/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, MURPHY, Circuit Judge, and LUNGSTRUM, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Loretta R. Green, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with her on the briefs), Office of the Federal Public Defender, Cheyenne, WY, appearing for Defendant-Appellant., Stuart S. Healy, III, Assistant United States Attorney (Matthew H. Mead, United States Attorney, with him on the brief), Office of the United States Attorney, Cheyenne, WY, appearing for Plaintiff-Appellee.