Dilesh Sharma pleaded guilty to attempted enticement of a minor, distribution of child pornography, and receipt of child pornography. The district court calculated his guideline range using two specific enhancements: a two-level increase for using a computer to commit the offense under U.S.S.G. § 2G2.2(b)(6), and a three-level increase for possessing at least 150 images under U.S.S.G. § 2G2.2(b)(7). These enhancements contributed to a total offense level of 43, which theoretically indicated a life sentence, though the court departed downward to impose a 288-month sentence. Sharma challenged both enhancements on their face, arguing that while they may have been rational when enacted, rapid changes in technology have swept typical offenders into their reach, making them arbitrary and unconstitutional under the Fifth Amendment's Due Process Clause.
The panel applied rational basis review, requiring Sharma to prove the absence of a rational relationship between the enhancements and a legitimate government objective. The court noted that while the Sentencing Commission and commentators have criticized these enhancements as outmoded, the Constitution does not require perfect calibration. For the computer-usage enhancement, the court found it remains rational because it punishes the faster speed of transmission and the perpetual nature of harm caused by internet distribution. Regarding the image-number enhancement, the court held that drawing lines based on the quantity of contraband is a legitimate sentencing interest, even if the thresholds are imperfect. The court emphasized that courts generally do not abrogate statutes merely because changed conditions have rendered them less precise, and Sharma failed to show that the enhancements have become irrational today.
The district court's sentence stands without modification. The decision confirms that Congressionally directed sentencing enhancements for child pornography offenses retain their constitutional validity despite the ubiquity of digital technology. While the enhancements may be subject to policy debate, they remain enforceable unless a defendant can prove they lack any rational basis, a high bar that Sharma failed to meet.
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