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U.S. v. COX

No. 13-4066.

744 F.3d 305 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Harvey L. COX, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 5, 2014.

Attorney(s) appearing for the Case

ARGUED: John Robert Haley , Office of the Federal Public Defender, Charleston, South Carolina, for Appellant. Peter Thomas Phillips , Office of the United States Attorney, Charleston, South Carolina, for Appellee. ON BRIEF: William N. Nettles , United States Attorney, Office of The United States Attorney, Columbia, South Carolina, for Appellee.

Judge DIAZ wrote the opinion, in which Judge WILKINSON and Judge THACKER joined.

DIAZ, Circuit Judge:

Harvey Cox pleaded guilty to possessing child pornography. At sentencing, the district court determined that, as part of the offense, Cox caused a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of that conduct. Based on this determination, the court enhanced Cox's sentence under applicable provisions of the Sentencing Guidelines. Cox appeals, arguing that the evidence was insufficient to support the...

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