U.S. Sixth Circuit - The FindLaw 6th Circuit Court of Appeals Opinion Summaries Blog

US v. Battaglia, 08-4275

Application of five level enhancement to defendant's sentence for child pornography conviction affirmed

US v. Battaglia, 08-4275, concerned a challenge to the district court's application of a five-level enhancement under the U.S. Sentencing Guidelines in finding that defendant had traded or attempted to trade child pornography, iIn a prosecution of defendant for knowingly receiving and distributing child pornography and for possessing child pornography.

In affirming the sentence, the court rejected defendant's claim that his sentence is the result of impermissible double counting because the district court allegedly counted his distribution of child pornography twice, and held that defendant has failed to show that his sentence is procedurally unreasonable as the sentence punishes distinct aspects of his conduct and no double counting occurred.

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