Background
Lonnie Everill was convicted via guilty plea for receiving child sexual abuse material in violation of Section eighteen United States Code Section twenty-two fifty-two subsection (a)(2) and subsection (b)(1). He received a one hundred twenty month sentence. He appealed, arguing the district court erred in applying a two-level enhancement under the United States Sentencing Guidelines Section two G two point two subsection (b)(3)(F) for the knowing distribution of child pornography.
The court’s reasoning
The court stated that even assuming without deciding that the district court clearly erred in applying the enhancement, the government carried its burden of demonstrating that any error was harmless given the record.
What it means going forward
The ruling reinforces that sentencing errors regarding enhancements may be deemed harmless if the government can demonstrate the error did not affect the outcome based on the record.