United States v. Hollon, No. 19-5277 (6th Cir. 2020)
Annotate this CaseLaw enforcement executed a search warrant to gather evidence of the possession, receipt, and distribution of child pornography. The subject stated that he received and distributed child pornography through his Kik Messenger account and consented to the officers assuming his online identity. The operation led to a Kik user with an IP address registered Randall Hollon of Corbin, Kentucky. FBI agents executed a search warrant for Hollon’s residence and found pornographic images of prepubescent boys on Hollon’s electronic devices. Hollon was charged with distributing, possession of, and receiving child pornography each in violation of different provisions of 18 U.S.C. 2252(a)(2) and with engaging in a child exploitation enterprise, 18 U.S.C. 2252A(g)--the enterprise consisting of section 2252(a)(2) violations. Hollon pled guilty to engaging in a child exploitation enterprise, admitting that he was an administrator of a group, the purpose of which was the distribution and receipt of child pornography. The government then disclosed that Hollon’s nephew, “J.H.”, had reported that, years earlier, he discovered child pornography on Hollon’s electronic devices and that Hollon engaged in sexual behavior with J.H., then a child. The Sixth Circuit affirmed Hollon’s sentence of 270 months of incarceration, rejecting an argument that the district court erred in applying the covered sex crime enhancement under U.S.S.G. 4B1.5(b). Engaging in a child exploitation enterprise is a “covered sex crime” for purposes of the U.S.S.G. 4B1.5(b) sentencing enhancement.
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