United States v. Silva Hernandez

The Ninth Circuit affirmed the district court's determination that the distribution-of-pornography enhancement in USSG 2G2.1(b)(3) applies when the perpetrator creates an illicit image of a minor victim and shares it only with the victim. The panel issued a limited remand for resentencing because the record suggesteds that the district court penalized defendant by increasing his sentence based on his decision to exercise his Sixth Amendment right to go to trial. View "United States v. Silva Hernandez" on Justia Law

Posted in: Criminal Law

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