Background
Law enforcement obtained search warrants after receiving information that a user associated with the defendant had uploaded child pornography. Officers found several hundred images and videos on the defendant’s devices and cloud storage. The defendant admitted to downloading and viewing child pornography and disclosed sexual contact with a minor named MV1, who was thirteen years old when the conduct began. The defendant produced several videos depicting MV1 and pleaded guilty to one count of production and one count of possession of child pornography.
The court’s reasoning
The court reviewed the district court’s application of the sentencing guidelines de novo and its factual determinations for clear error. The primary consideration for the enhancement under United States Sentencing Guidelines section two G two point one subsection b five was the nature of the relationship between the defendant and the minor. The district court found that the minor was transferred to the defendant’s care at the defendant’s request, with the parents’ permission, for activities such as movies, dinner, and overnight stays. The court noted that the minor was thirteen years old and dependent on the defendant for transportation and planning. Text messages showed the defendant was asked to guide the minor on chores and reported back that the chores were handled. The court concluded that the defendant’s relationship involved more than simple proximity or opportunism and that temporary custody is sufficient for the enhancement.
What it means going forward
This decision reinforces that temporary custody or supervisory control of a minor by a defendant, even with parental permission, satisfies the requirements for a sentencing enhancement in child pornography cases.