United States v. Gaccione, No. 19-1680 (1st Cir. 2020)
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The First Circuit affirmed Defendant's conviction for distribution of child pornography and Defendant's sentence, holding that there was no error in the proceedings below.
Defendant pleaded guilty to five counts of sexual exploitation of a minor, one count of distribution of child pornography, and two counts of possession of child pornography. The district court sentenced Defendant to 180 years' imprisonment. On appeal, Defendant argued, among other things, that his conviction of distribution of child pornography could not stand because the difference between the crime it alleged and the one he pleaded guilty to committing resulted in a constructive amendment of the indictment. The First Circuit affirmed, holding (1) as to the constructive amendment challenge, Defendant did not establish the requisite prejudice to show reversible error; (2) Defendant's challenges to his sentence were unavailing; and (3) Defendant's remaining challenges were without merit.
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