United States v. Dolehide, No. 11-2098 (8th Cir. 2011)
Annotate this CaseDefendant appealed from the district court's imposition of a 135-month sentence on two counts of possession of child pornography. The court held that defendant waived his double jeopardy claim when he pled guilty to both counts of conviction and did not raise the double jeopardy argument; the district court did not clearly err in applying the five-level enhancement under U.S.S.G. 2G2(b)(3)(B) where the defendant had both received and distributed images via a file-sharing network and had done so knowingly; and the court did not abuse its discretion in denying defendant's request for a downward variance where the district court's sentence was not an abuse of discretion.
Court Description: Criminal case - Sentencing. Defendant waived his double jeopardy challenge when he pleaded guilty to two counts of possession of child pornography; no error in imposing a five-level enhancement under Guidelines Sec. 2G2.2(b)(3)(B) for use of a peer-to-peer network as the government showed defendant used LimeWire to upload and download files; district court throughly and thoughtfully addressed defendant's request for a variance, and the sentence was not substantively unreasonable.
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