United States v. Fleischer, No. 19-3719 (6th Cir. 2020)
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Fleischer pleaded guilty to one count of sexual exploitation of a minor (Victim 1), 18 U.S.C. 2551(a), and one count of receipt and distribution of visual depictions of real minors engaged in sexually explicit conduct, 18 U.S.C. 2552(a)(2). The parties agreed to dismiss Count Four, charging Fleischer with the exploitation of a minor victim (Victim 2), 18 U.S.C. 2551(a). The plea agreement included a section labeled, “RELEVANT CONDUCT,” which contained Fleischer’s admission to the offense conduct involving Victim 2. The district court sentenced Fleischer to a within-Guidelines sentence of 447 months.
The Sixth Circuit affirmed the sentence. The court rejected Fleischer’s arguments that the district court committed error in applying to his sentence both a multiple count adjustment under U.S.S.G. 2G2.1(d)(1), based on his conduct in relation to Victim 2, and a pattern of activity enhancement under U.S.S.G. 2G2.2(B)(5), and by placing an unreasonable amount of weight on the “seriousness” of his conduct as a sentencing factor under 18 U.S.C. 3553(a).
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