United States Fifth Circuit

Where defendant's conviction was for possession of magazines containing child pornography, and the possession of this material did not result from his use of a computer, under the narrow scope of section 2G2.4(a)(3), the term "offense" did not include relevant conduct and the district court may not enhance the sentence by two levels based upon his concurrent possession of the computer images.

Appellate Information

• Decided 04/26/2001
• Published 04/27/2001

Judges

• CARL E. STEWART, Circuit Judge:, Before POLITZ, DeMOSS and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Josette Louise Cassiere, Asst. U.S. Atty., Shreveport, LA, John L. Walker (argued), Lafayette, LA, for United States of America., John Wilson Reed (argued), Glass & Reed, New Orleans, LA, for Albert L. Boudreau.