United States Ninth Circuit

Defendant's sentence for receiving child pornography is affirmed, where: 1) U.S.S.G. section 2G2.2, which authorizes an enhancement for the use of a computer, neither violates the separation of powers doctrine nor conflicts with 18 U.S.C. section 3553; 2) the district court's application of a two-level enhancement under this section does not result in impermissible double counting; and 3) because the district court properly applied section 2G2.2, defendant lacks standing to challenge the constitutionality of the five-year mandatory minimum codified at 18 U.S.C. section 2252(b)(1), as it did not affect his sentence.

Appellate Information

• Decided 07/24/2014
• Published 07/24/2014

Judges

• NGUYEN

Court

• United States Ninth Circuit

Counsel