United States v. Martinez, No. 19-1906 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to knowingly receiving a visual depiction of a minor engaging in sexually explicit conduct. The court held that the district court did not err by applying a two-level increase for a defendant who knowingly engaged in distribution of material involving sexual exploitation of a minor under USSG 2G2.2(b)(3)(F). In this case, the district court made an express finding of knowledge that was supported by sufficient evidence to meet the government's burden of proof.
Court Description: [Colloton, Author, with Gruender and Grasz, Circuit Judges] Criminal case - Sentencing. The district court did not err in imposing a two-level enhancement under Guidelines Sec. 2G2.2(b)(3)(F)for knowingly engaging in distribution of material involving the sexual exploitation of a minor; the court made an express finding of knowledge that was supported by evidence sufficient to meet the government's burden of proof on the issue.
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