United States Ninth Circuit

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US v. Hernandez, 13-10428

Affirmed in part and vacated in part a sentence for sexual exploitation of a child. In its holding, the Ninth Circuit determined that the distribution-of-pornography enhancement set forth in U.S.S.G. section 2G2.1(b)(3) applies even when the perpetrator creates an illicit image of a minor victim and shares it only with the victim. On a separate issue, because the record here suggested that the district court had penalized the defendant by increasing his sentence based on his decision to exercise his Sixth Amendment right to go to trial, a limited remand for resentencing was appropriate.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/07/10


  • McKeown


  • United States Ninth Circuit


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