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Turner: Affirming 300-month sentence for child pornography possession

By Tim Cone

In U.S. v. Turner, No. 09-15074 (Nov. 17, 2010), the Court affirmed a 300-month sentence imposed on a defendant convicted of receiving child pornography, in violation of 18 U.S.C. 2252(a)(2), and possessing child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B).The Court rejected the argument that the five-level enhancement for engaging in ?a pattern of activity involving the sexual abuse or exploitation of a minor? should not have applied. The Court noted that Turner molested a very small child, and was convicted of first degree sexual abuse in 1990. The Court noted that the Guideline did not require a connection between the past sexual abuse and the current offense. Here, the evidence established a pattern because Turner abused the child ?numerous times...continue to full post

Full post as published by Defense Newsletter Blog on November 17, 2010 (boomark / email).