U.S. v. FULFORD

No. 10-12916.

662 F.3d 1174 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. David Clifton FULFORD, a.k.a. Residence at 5119 Glenshire Drive, Loxley, Alabama, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 14, 2011.


Attorney(s) appearing for the Case

Christopher Brinson , Steven E. Butler , Sean P. Costello , Donna Barrow Dobbins , Maria E. Murphy , Eugene Seidel , Asst. U.S. Atty., Mobile, AL, for Plaintiff-Appellee.

Robert C. Campbell, III , Robert Nash Campbell , Campbell, Duke & Campbell, Mobile, AL, for Defendant-Appellant.

Before DUBINA, Chief Judge, CARNES, Circuit Judge, and SANDS, District Judge.


CARNES, Circuit Judge:

A defendant convicted of distribution of child pornography is subject to a 5-level enhancement under § 2G2.2(b)(3)(C) of the sentencing guidelines if the distribution was to a minor. The defendant in this case distributed child pornography to an unidentified person, not connected with law enforcement, who convinced him that she (or he) was a minor. The district court applied the distribution to a minor enhancement after concluding that...

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