United States v. Hansen, No. 18-3122 (8th Cir. 2020)
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The Eighth Circuit previously affirmed defendant's 600 month sentence after a jury convicted him of sexual exploitation of a minor, exploiting a minor while being required to register as a sex offender, two counts of distributing and receiving child pornography, and five counts of possessing child pornography.
In this case, the court denied the petition for panel rehearing, holding that the crux of its harmless error analysis was not that the highest statutory maximum was 40 years if the maximum on Count One was reduced from 50 to 30 years. Therefore, the district court properly determined that the advisory range under USSG 5G1.2(d) greatly exceeded the 600 month sentence it imposed. The court held that any error was harmless because that remained true even if the statutory maximum for Count One was reduced by eliminating the section 2251(e) enhancement.
Court Description: Per Curiam - Before Loken, Colloton, and Kobes, Circuit Judges
This opinion or order relates to an opinion or order originally issued on December 6, 2019.
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