United States v. Ardolf, No. 11-2602 (8th Cir. 2012)
Annotate this CaseDefendant pled guilty to unauthorized access to a protected computer, aggravated identity theft, threats to the Vice President of the United States, possession of child pornography, and distribution of child pornography. The district court sentenced Defendant to 216 months imprisonment. The Eighth Circuit Court of Appeals affirmed, holding that the district court did not err in its application of two-level enhancements under United States Sentencing Guidelines (U.S.S.G.) 3C1.1 for obstruction of justice, or U.S.S.G. 2G2.2(b)(7)(A) because Defendant's offenses involved at least ten images of child pornography. In addition, the Court found that Defendant's sentence was substantively reasonable.
Court Description: Criminal Case - sentence. In appeal of 216-month sentence, district court did not abused its discretion in applying enhancement for obstruction of justice based on defendant's instructions on their testimony and letters to the court and in his perjury when attempting to withdraw his guilty plea. District court did not err in finding ten images of child pornography on defendant's computer. Sentence was not substantively unreasonable.
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