United States Second Circuit

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US v. Broxmeyer, 10-5283

In a conviction of a former high school athletic coach for attempting to produce child pornography and possessing child pornography, district court's imposition of a 30-year prison sentence is affirmed where: 1) defendant waived his procedural challenge to the district court's factfinding at sentencing; 2) defendant's various challenges to the district court's Guidelines calculations regarding his conviction for attempted production of child pornography is without merit; 3) alleged Guidelines calculation errors pertaining to the conviction for possession of child pornography are not discussed as they would necessarily be harmless; and 4) there is no merit to defendant's claim that any sentence above the minimum term of 15 years mandated by his conviction for attempted production of child pornography is substantively unreasonable, as defendant was also convicted of possession of child pornography, and the crimes of conviction were committed under aggravating circumstances recognized by the Guidelines and relevant to the factors specified in 18 U.S.C section 3553(a).

Appellate Information

  • Decided 08/28/2012
  • Published 08/28/2012


  • Raggi


  • United States Second Circuit