United States of America v. Perez-Colon, No. 21-2802 (3d Cir. 2023)
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Perez-Colon was convicted of two counts of production of child pornography, 18 U.S.C. 2251(a), one count of distribution, section 2252(a)(2), five counts of attempted distribution, 2252(a)(2), and one count of possession, 2252(a)(4)(B). Eight counts involved “M1,” a female toddler. Perez-Colon was living with M1 and her mother at a motel. He posted a Craigslist advertisement seeking to “share real incest stories fetish stories underage pedo stories” with “real experiences and pictures.” An undercover FBI agent responded. Perez-Colon sent the agent pornographic images and videos of M1. A search of Perez-Colon’s smartphone revealed that he produced these and other similar pictures and videos. Perez-Colon also attempted to distribute an image of a toddler boy's genitals; the boy's mother took the photo and sent it to Perez-Colon to show him the boy’s rash.
The Third Circuit affirmed his 55-year sentence. The court rejected Perez-Colon’s objections to his PSR’s treatment of Guideline 3D1.2, which required the court to group closely related counts together when determining Perez-Colon’s number of “units” of counts; to a two-level Guideline 2G2.1(b)(5) enhancement that applies “[i]f the defendant was a parent, relative, or legal guardian of the minor involved in the offense, or if the minor was otherwise in the custody, care, or supervisory control of the defendant”; and to a five-level 4B1.5(b) enhancement for “a pattern of activity involving prohibited sexual conduct.”
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