United States v. Ferguson, No. 10-2623 (6th Cir. 2012)Annotate this Case
Ferguson was found guilty in a bench trial of knowingly possessing 14 images of child pornography and sentenced to 10 years imprisonment, the mandatory minimum sentence under 18 U.S.C. 2252A(b)(2). The Sixth Circuit affirmed, rejecting an argument that the district court constructively amended the indictment by finding Ferguson guilty based on conduct that was not the subject of the indictment. He argued that his possession of 14 images after his deletion of 2,300 images was unintentional and was a separate and distinct act from his possession of the 14 images before this mass deletion. The mandatory minimum sentence was ultimately the proper sentence, so that its imposition did not violate Ferguson’s substantial rights.