United States v. Schock, No. 16-2503 (6th Cir. 2017)
Annotate this CaseSchock was charged with four counts of sexually exploiting a child, 18 U.S.C. 2251, based on four incidents of Schock taking sexually explicit pictures of a six- to eight-year-old victim. The indictment did not identify the victim or the total number of victims. Schock was also charged with possessing child pornography, 18 U.S.C. 2252A, based on sexually explicit pictures of other children. He agreed to plead guilty to a single incident and that the court could consider all uncharged conduct at sentencing. The PSR started from a base offense level of 32 and recommended enhancements that resulted in a Guidelines range of 360 months’ to life imprisonment: four points (2G2.1(b)(1)(A)) because the victim was under age 12; two points (2G2.1(b)(5)) because the victim was a relative; five points because the offense of conviction was a covered sex crime; and, because Shock’s relevant conduct included more than one victim, two points pursuant to 2G2.1(d)(1)’s adoption of the multiple-count enhancement. The district court imposed a 240-month sentence, citing Schock’s age (66), acceptance of responsibility, and low risk of re-offense. The Sixth Circuit vacated the sentence. The district court erred by finding, on this record, that Schock’s exploitation of Victim 1 (pre-charge conduct) constituted relevant conduct and, therefore, erred in applying the 2G2.1 enhancement. The court also requested clarification of the extent of the incarceration costs that the court intended to impose.
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