United States v. Cubero, No. 12-16337 (11th Cir. 2014)
Annotate this CaseDefendant appealed his sentence and life-term of supervised release after he pled guilty to one count of distribution of child pornography and two counts of possession of child pornography. The court concluded that the district court did not err in increasing defendant's guidelines range two levels under U.S.S.G. 2G2.2(b)(3)(F); the district court did not err in failing to give defendant the two-level decrease described in U.S.S.G. 2G2.2(b)(1); and the court rejected defendant's remaining procedural arguments. Under the totality of the circumstances, the court could not say that the district court abused its discretion and imposed a sentence or term of supervised release outside the range of reasonable sentences. Finally, the court agreed with the government that the Commission's 2013 report does not render the non-production child pornography guidelines in section 2G2.2 invalid or illegitimate. Accordingly, the court affirmed defendant's 151-month sentence and his term of supervised release.
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