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US v. Turner, No. 09-15074

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By FindLaw Staff on November 17, 2010 1:10 PM

Child Pornography Sentence Affirmed

In US v. Turner, No. 09-15074, the court affirmed defendant's 300-month sentence for receiving child pornography, holding that 1) defendant's argument that the "pattern of activity" must be between the past sexual abuse and the current offense to justify a sentencing enhancement lacked merit; 2) under the totality of the circumstances, and giving due deference to the district court's determination that the section 3553(a) factors, on the whole, justified a 90-month variance, the court could not say the district court abused its discretion in imposing a total 300-month sentence.


As the court wrote:  "After pleading guilty, Samuel Jay Turner appeals his total 300-month
sentence for receiving child pornography, in violation of 18 U.S.C. § 2252A(a)(2) (count one), and possessing child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B) (count two). On appeal, Turner argues that the district court erred in applying a five-level sentencing enhancement for engaging in a "pattern of activity" involving the sexual abuse or exploitation of a minor under U.S.S.G. § 2G2.2(b)(5). Turner also contends that his 300-month sentence is
substantively unreasonable. After review, we affirm."

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