United States v. Garza, No. 09-50222 (9th Cir. 1-11-2011) [Unpublished]
Posted by: Frederick Lane on 16 March 2011
Sentence affirmed -- Defendant was convicted of receiving child pornography and was sentenced to twelve years in prison. Defendant argued that the district court inappropriately enhanced his sentence two levels for sadistic or masochistic content, and two levels for using a computer. The Court of Appeals said that record was clear that the material received by defendant included sadistic or masochistic images. The Court also noted that defendant not only used a computer to receive child pornography, but also used it to send the contraband to minor girls. The Court also rejected defendant's other challenges to his sentence (none of which dealt with forensics issues) and affirmed the district court's rulings.
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