United States v. Kyle Soto, No. 21-3091 (8th Cir. 2023)
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A jury convicted Defendant of 15 child pornography-related offenses. On appeal, Defendant argued his possession and receipt of child pornography convictions violate the Double Jeopardy Clause, and he contends his sentence violates Apprendi v. New Jersey, 530 U.S. 466 (2000). Defendant raised an additional argument in a pro se supplemental brief, challenging the sufficiency of the evidence for his convictions.
The Eighth Circuit held that Apprendi requires the resentencing of Defendant for the possession of child pornography conviction. In all other respects, the court affirmed the district court’s judgment. The court explained that there was sufficient evidence submitted to the jury establishing the victims were minors, including (1) W.S. testified he was 11 years old; (2) K.A. testified she was 15 and she informed Defendant she was 15 years old, and (3) N.W. and A.C. informed Defendant they were 13 years old, and their birth certificates introduced at trial corroborate their ages. Also, the material depicting all victims demonstrates they were minors based on their physical characteristics. However, here the jury made no finding of a qualifying minor victim, so the statutory maximum sentence the district court can impose is 10 years. Because the district court’s sentence on the possession conviction runs afoul of Apprendi, the court vacated the sentence and remanded it for resentencing.
Court Description: [Erickson, Author, with Loken and Kobes, Circuit Judges] Criminal case - Criminal Law and Sentencing. The evidence was sufficient to support defendant's child pornography, enticement, and sexual exploitation convictions; considering the evidence submitted in the case, defendant could be convicted for both receipt and possession of child pornography without violating double jeopardy; the jury did not make a finding of a qualifying minor victim, so the statutory maximum under 18 U.S.C. Sec. 2252A(a)(5)(B) was 10 years, and defendant's twenty-year sentence for possession of child pornography is vacated, and the matter is remanded for resentencing.
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