United States v. Winnick, No. 18-3734 (8th Cir. 2020)
Annotate this Case
The Eighth Circuit vacated defendant's 336 month sentence for producing child pornography. The court held that the district court failed to give defendant a full credit for the time served on related state charges. The court remanded for the district court to clarify its reasoning as to how exactly it applied USSG 5G1.3 to arrive at defendant's final sentence.
Defendant's remaining challenges to his sentence lacked merit; there was no error in imposing a sentencing enhancement for engaging in a pattern of sexual exploitation under USSG 4B1.5(b); the district court considered defendant's mitigating factors under 18 U.S.C. 3553(a); and addressing the reasonableness of defendant's sentence would be premature in light of the remand.
Court Description: [Stras, Author, with Smith, Chief Judge, and Grasz, Circuit Judges] Criminal case - Sentencing. Remanded to permit the district court to clarify its reasoning regarding credit for related state charges under Guidelines Sec. 5G1.3; defendant's other arguments concerning his sentence are rejected, as the district court did not err in imposing an enhancement under Guidelines Sec. 4B1.5(b) for engaging in a pattern of sexual exploitation; the court considered defendant's mitigating 3553(a) factors in setting its sentence and that is all he is entitled to; in light of the remand, addressing the reasonableness of defendant's sentence would be premature.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.