U.S. v. TENUTO

No. 09-2075.

593 F.3d 695 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Vincent J. TENUTO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 3, 2010.


Attorney(s) appearing for the Case

Yasmin Best (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Jeffrey M. Brandt (argued), Robinson & Brandt, Covington, KY, for Defendant-Appellant.

Before CUDAHY, MANION, and WILLIAMS, Circuit Judges.


MANION, Circuit Judge.

Vincent Tenuto pleaded guilty to transporting child pornography in violation of 18 U.S.C. § 2252A(a)(1). At sentencing he unsuccessfully challenged two guideline enhancements for use of a computer and distribution of material that involved the sexual exploitation of a minor. On appeal he argues that the enhancements constitute double counting because the behavior they are based on was already accounted for in his conviction. In this context...

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