United States First Circuit

Defendant's sentence of 365 months' imprisonment followed by 360 months' supervised release for statutory rape is affirmed, where: 1) the district court did not err in concluding that Victim C, more likely than not, was under 18 years of age; 2) the evidence supports a finding that the Victim C videos contain sexually explicit conduct; 3) defendant cannot meet his burden under plain error review to establish prejudice as a result of any error committed by the district court with regard to its consideration of the Victim C videos; 4) any error in applying the two-level enhancement for obstruction of justice was harmless; and 5) the sentence was both procedurally and substantively reasonable.

Appellate Information

• Decided 07/18/2013
• Published 07/18/2013

Judges

• KAYATTA

Court

• United States First Circuit

Counsel