Defendant's child pornography sentence is affirmed where, applying a "limited context" test that permits consideration of the context in which the pornographic photographs were taken but limits the consideration of contextual evidence to the circumstances directly related to the taking of the images, the court determines that certain photos at issue were "lascivious" under the Sentencing Guidelines.
Submitted: April 22, 2009
Decided and Filed: August 26, 2009
Opinion by Judge Clay
Daniel R. Ranke, Assistant United States Attorney, Cleveland, OH