United States v. Silva Hernandez, No. 13-10428 (9th Cir. 2018)Annotate this Case
The Ninth Circuit affirmed the district court's determination that the distribution-of-pornography enhancement in USSG 2G2.1(b)(3) applies when the perpetrator creates an illicit image of a minor victim and shares it only with the victim. The panel issued a limited remand for resentencing because the record suggests that the district court penalized defendant by increasing his sentence based on his decision to exercise his Sixth Amendment right to go to trial.
This opinion or order relates to an opinion or order originally issued on May 26, 2015.