United States v. Alberts, No. 16-11065 (11th Cir. 2017)Annotate this Case
The Eleventh Circuit affirmed defendant's sentence of 120 months in prison after he pleaded guilty to receiving and possessing child pornography. The court held that there was sufficient evidence to justify giving defendant a longer sentence because of the "pattern of activity" defined under USSG 2G2.2(b)(5); defendant's argument regarding the temporal proximity of his sexual acts with his younger relatives when he was a teenager 30 years ago was foreclosed by United States v. Turner; minor-on-minor conduct could be used to support a "pattern of activity" enhancement; and defendant's below-guidelines sentence was procedurally and substantively reasonable.