Sharma

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-616 D.C. No. Plaintiff - Appellee, 2:17-cr-00055-

TLN-

v.

DILESH SHARMA, OPINION

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of California Troy L. Nunley, District Judge, Presiding

Argued and Submitted July 15, 2024 San Francisco, California

Filed October 28, 2024

Before: Milan D. Smith, Jr., Mark J. Bennett, and Anthony D. Johnstone, Circuit Judges.

Opinion by Judge Johnstone SUMMARY *

Criminal Law

The panel affirmed a sentence in a case in which the defendant brought facial due-process challenges to Congressionally directed Sentencing Guidelines enhancements for (1) using a computer to commit a child pornography offense, U.S.S.G. § 2G2.2(b)(6); and (2) the number of images involved in the offense, U.S.S.G. § 2G2.2(b)(7). The defendant argued that even if these enhancements were rational when enacted, they have become irrational over time as changes in technology sweep typical offenders into the enhancements’ reach. The panel held that…