United States v. Zayas, No. 13-3077 (8th Cir. 2014)
Annotate this CaseDefendant appealed his sentence after pleading guilty to receipt of child pornography. The court concluded that the district court properly applied the cross reference to U.S.S.G. 2G2.1 and its related sentencing enhancements based on defendant's admission that he photographed himself having sexual intercourse with his eleven year old nephew; the district court did not clearly err in finding that the victim had been twelve years of age at the time of the sexual offense so as to apply the section 2G2.1(b)(1)(A) enhancement; and the district court reasonably applied the 18 U.S.C. 3553(a) factors in sentencing defendant to the guidelines range of twenty years imprisonment. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal case - Sentencing. No error in applying Guidelines Sec. 2G2.1 (on cross-reference from Guidelines Sec. 2G2.2) or in adding enhancements under other provisions of 2G2.1 where defendant admitted he photographed himself sexually abusing an eleven year old relative while they were on vacation in Mexico; extraterritorial acts may be considered under Guidelines Sections 2G2.1 and 2G2.2 where there is a factual and logical relationship between the offense of conviction and these other acts; sentence was not substantively unreasonable.
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