United States Eighth Circuit

Defendant's conviction and sentence for receipt and possession of child pornography is affirmed where: 1) sufficient evidence supported the district court's finding of guilt beyond a reasonable doubt; 2) although the evidence supporting the distribution enhancement was largely circumstantial, the district court did not abuse its discretion in concluding that defendant distributed pornography; and 3) enhancing a defendant's sentence for the number of illegal items with which he was involved was a common practice throughout the Guidelines and was not unreasonable.

Appellate Information

• Decided 08/31/2010
• Published 08/31/2010

Judges

• Lavenski B. Smith

Court

• United States Eighth Circuit

Counsel