United States v. Johnson, No. 12-5372 (6th Cir. 2013)Annotate this Case
In 2001, Johnson began communicating online with an FBI agent he believed to be a 14-year-old girl. Johnson sent images of child pornography and arranged a meeting for sexual activity. Following his arrest, Johnson pled guilty to transmitting child pornography and using a facility in interstate commerce to attempt to persuade a minor to engage in sexual activity. After completing his 63-month prison term and supervised release, Johnson began communicating online with another undercover agent he believed to be a 13-year-old girl and sent pornographic images featuring children. Johnson’s computer contained 500 images of child pornography. Johnson pled guilty to transporting child pornography in interstate commerce, 18 U.S.C. 2252A(a)(1); using a communication facility to transfer obscene material to a minor under age 16, 18 U.S.C. 1470; and possession of child pornography, 18 U.S.C. 2252A(a)(5). Because of the prior conviction for transporting child pornography, he faced statutory sentences of 15 to 40 years on count one, up to 10 years on count two, and 10 to 20 years on count three. The presentence report recommended a term of 360 months to life. The district court sentenced Johnson to 320 months. On remand, the court applied the five-level increase, USSG 2G2.2(b)(5). Johnson was resentenced to 360 months imprisonment. The Sixth Circuit affirmed.
This is a revision of a Previous Opinion originally issued on April 1, 2013.