United States v. Lynde

Federal officials received a tip from Canadian authorities that Lynde was trading child pornography online. An investigation uncovered that he had exchanged 62 images on the online application “Kik.” Executing a search warrant at Lynde’s home, federal agents recovered 322 images and five videos of child pornography. The images showed prepubescent minors, including toddlers, engaged in genital-to-genital intercourse with adult males. Lynde pleaded guilty to receiving and distributing child pornography, 18 U.S.C. 2252(a)(2), which carries a statutory maximum of 20 years, 18 U.S.C. 2252(b)(1). Lynde’s presentence report applied five USSG 2G2.2 enhancements: Lynde’s offense involved children under 12, Lynde knowingly distributed child pornography, the child pornography presented sadistic or masochistic conduct and the sexual abuse of a toddler, Lynde had used a computer, and Lynde possessed over 600 images, With no criminal history, he faced a Guidelines range between 151-188 months. The district court decided that a Guidelines sentence would be “longer than necessary” under 18 U.S.C. 3553(a), considering that almost all child pornography involves computers, Lynde’s family circumstances, and otherwise exemplary life, and imposed a 97-month sentence. The Sixth Circuit affirmed, rejecting a challenge to USSG 2G2.2, based on the fact that the Sentencing Commission has criticized the section in a report to Congress. View "United States v. Lynde" on Justia Law