United States Eighth Circuit

A sentence for transmitting and possessing child pornography is affirmed over claims of error regarding: 1) a Sixth Amendment violation on the basis of the sentencing judge's fact-finding, per Booker; and 2) the applicability of a five-level sentencing enhancement for engaging in a pattern of activity involving the sexual abuse or exploitation of a minor.

Appellate Information

• Decided 09/14/2006
• Published 09/14/2006

Judges

• HANSEN, Circuit Judge., Before BYE, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Omar F. Greene, argued, Little Rock, AR, for appellant.


• For Appellees:
  
• Kyra E. Jenner, argued, Asst. U.S. Atty., Fort Smith, AR, for appellee.