United States Ninth Circuit

In the context of child pornography and sentencing, a 2004 amendment to U.S.S.G. section 2G2.2(b)(2)(D) involving the definition of a "minor," was a substantive change rather than a clarification. Thus, a sentence for receipt of child pornography and possession of child pornography is vacated where the district court erred by retroactively applying the amended definition.

Appellate Information

• Argued 07/28/2006
• Decided 09/13/2006
• Published 09/13/2006

Judges

• GOODWIN, Circuit Judge:, Before: GOODWIN, TASHIMA, and GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Mark S. Werner, Federal Defenders of Montana, Billings, MT, for the defendant-appellant., Marcia Hurd, Assistant U.S. Attorney, Billings, MT, for the plaintiff-appellee.