United States v. Terrence Sundsmo

MEMORANDUM

Terrence Lee Sundsmo appeals from the district court’s judgment and challenges the 188-month sentence imposed following his guilty-plea conviction for possession of child pornography with previous conviction for sexual abuse of a minor, in violation of 18 U.S.C. § 2252A(a)(5)(B), as enhanced by § 2252A(b)(2). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Sundsmo argues that the district court erred by imposing a five-level enhancement under U.S.S.G. § 2G2.2(b)(5) because his 1996 convictions for sexually abusing a minor do not qualify as relevant conduct or expanded relevant conduct under U.S.S.G. § lB1.3(a). We review de novo, United States v. Garner, 490 F.3d 739, 742 (9th Cir.2007), and conclude that the enhancement under section 2G2.2(b)(5) was properly imposed. See U.S.S.G. § 2G2.2(b)(5) & cmt. n. 1; U.S.S.G. Manual app. C., amend. 537 (1996) (“pattern of activity” enhancement applies to “past sexual abuse or exploitation unrelated to the offense of conviction” and, thus, reaches more “broad[ly] than the scope of relevant conduct typically considered under § 1B1.3”); Garner, 490 F.3d at 743 (“The plain language of the Commentary to § 2G2.2…