United States v. Dolehide, No. 11-2098 (8th Cir. 2011)Annotate this Case
Defendant appealed from the district court's imposition of a 135-month sentence on two counts of possession of child pornography. The court held that defendant waived his double jeopardy claim when he pled guilty to both counts of conviction and did not raise the double jeopardy argument; the district court did not clearly err in applying the five-level enhancement under U.S.S.G. 2G2(b)(3)(B) where the defendant had both received and distributed images via a file-sharing network and had done so knowingly; and the court did not abuse its discretion in denying defendant's request for a downward variance where the district court's sentence was not an abuse of discretion.