Wednesday, April 4, 2012

District court modifies sentence after 11th Cir. remand on CP distribution enhancement

Last year, the Eleventh Circuit held that the government must prove that a recipient of child pornography is actually a child (as opposed to a belief it is a child) in order for the court to apply a five-level enhancement for distributing child pornography to a minor. United States v. Fulford, 662 F.3d 1174, 1181 (11th Cir. 2011). The recipient who Fulford thought was a child was actually an adult man, but the district court had applied the enhancement for the belief alone.

On remand, the parties agreed that the government did not prove that the recipient was a minor, and the court modified the sentence on that count from 210 months to 121 months. United States v. Fulford, 2012 U.S. Dist. LEXIS 46736 (S.D. Ala. 2012).

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