United States v. Cover

An FBI agent downloaded multiple files depicting children engaged in sexually explicit conduct from Cover’s computer. Cover led guilty to distributing child pornography over the Internet, 18 U.S.C. 2252(a)(2). The court calculated a sentencing guidelines range of 262 to 327 months, which included: a two-level increase for distributing material involving the sexual exploitation of a minor; a two-level increase for distributing material involving a minor under the age of 12; a four-level increase for distributing material that portrays violent or sadistic conduct; and a five-level increase for engaging in a pattern of activity involving the sexual exploitation of a minor. After considering Cover’s situation and the circumstances of the offense, the court sentenced him to 240 months in prison and ordered, as a special condition of supervised release, that Cover could not “own or possess any type of camera, photographic device, and/or . . . video recording equipment without the written approval of [his] probation officer.” The Sixth Circuit remanded with respect to the sadistic-portrayal enhancement, but rejected other challenges to the sentence. View "United States v. Cover" on Justia Law