UNITED STATES v. RANDALL

No. 20-10339.

34 F.4th 867 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Dustin RANDALL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 2022.


Attorney(s) appearing for the Case

Amy B. Cleary (argued), Assistant Federal Public Defender; Rene L. Valladares , Federal Public Defender; Office of the Federal Public Defender, Las Vegas, Nevada; for Defendant-Appellant.

Elham Roohani (argued), Assistant United States Attorney; Elizabeth O. White , Appellate Chief; Christopher Chiou , Acting United States Attorney; United States Attorney's Office, Las Vegas, Nevada; for Plaintiff-Appellee.

Dissent by Judge Wardlaw.


OPINION

Dustin Randall was convicted of distributing and receiving child pornography in violation of 18 U.S.C. § 2252A. He challenges the sentences imposed, raising two questions of first impression:

First, U.S. Sentencing Guideline § 2G2.2(b)(3)(B) provides for a five-level enhancement for offenders...

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