United States DC Circuit

Defendant's sentence for transporting child pornography is affirmed in part where: 1) the district court based its application of the U.S.S.G. section 2G2.2 sentencing enhancement on defendant's distribution of child pornography, and thus committed no error; 2) nothing in the Guidelines supported defendant's argument that section 2G2.2(b)(3)(E) applied only to distribution of child pornography "directly" to a minor; and 3) because the district court made treatment a mandatory condition of defendant's supervised release, there was no vagueness in the order regarding who was to decide whether treatment is necessary. However, the sentence is vacated in part where the district court needed to conform the condition in the written judgment relating to possession of sexual materials to the corresponding condition imposed orally at the sentencing hearing.

Appellate Information

• Decided 01/22/2010
• Published 01/22/2010

Judges

• Before GINSBURG and GRIFFITH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Beverly G. Dyer, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer, Federal Public Defender. Tony W. Miles, Assistant Federal Public Defender, entered an appearance.


• For Appellees:
  
• Courtney D. Spivey, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney at the time the brief was filed, and Roy W. McLeese III, Assistant U.S. Attorney.