United States v. Corp, No. 10-2407 (6th Cir. 2012)
Annotate this CaseDefendant entered an unconditional guilty plea to sexually exploiting a minor in violation of 18 U.S.C. 2251(a). The district court imposed a within-guidelines 360-month sentence. The Sixth Circuit vacated the sentence after rejecting a challenge to federal jurisdiction. The court erred in applying a four-level enhancement under U.S.S.G. 2G2.1(b)(4), for an offense involving materials that depict sadistic or masochistic conduct because it considered only defendant's conduct, not the objective nature of the photographs at issue. The court properly applied a five-level enhancement under U.S.S.G. 4B1.5(b)(1), for engaging in a pattern of activity that involves prohibited sexual conduct.
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