United States v. Price, No. 12-4010 (4th Cir. 2013)Annotate this Case
Defendant pled guilty to accessing the internet via computer with the intent to view child pornography. The district court calculated defendant's offense as involving more than 600 images of child pornography, and as a result, imposed a five-level sentencing enhancement pursuant to U.S.S.G. 2G2.2(b)(7)(D). The court held that the district court was true to both the spirit and letter of Section 2G2.2(b)(7) in counting every image sent by defendant to every person when applying the number of images enhancement. The court also held that the district court did not err as a matter of law when it counted each image in each email separately without regard to the uniqueness of the image when applying the Section 2G2.2(b)(7) enhancement. As such, the court affirmed the five-level enhancement and affirmed defendant's sentence.