United States v. Cunningham, No. 10-3092 (6th Cir. 2012)
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Defendant pleaded guilty to three child pornography offenses, 18 U.S.C. 2252(a)(2), 2252A(a)(2), and 2252A(a)(5)(B) and was sentenced to 121 months imprisonment. The Sixth Circuit affirmed, first rejecting an argument that that the district court violated FRCP 32(i) by preparing its sentencing opinion before announcing its sentence. The court conducted "exhaustive" review of submissions and arguments before reaching its decision. The court's reliance on sex offender studies was not excessive. The court properly applied several child pornography enhancements from USSG 2G2.2 and acted within its discretion in discounting a psychological report on defendant, considering defendant's lawful activities, considering the duration of his unlawful conduct, and reviewing images possessed by defendant.
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