United States v. Edward Sullivan

Edward Sullivan was convicted of violations under 18 U.S.C. §§ 2251 (a) and 2252(a)(4)(B) for producing and possessing a sexually explicit video depicting a fourteen-year-old girl. He raises multiple challenges to these convictions, as well as to the mandatory minimum sentences im posed under 18 U.S.C. §§ 2251 (e) and 2252(b)(2). The government cross appeals, arguing that the district court miscalculated Sullivan’s Sentencing Guidelines range. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and affirm in part and reverse in part.

I

Sullivan’s use of fourteen-year-old Erika Doe to produce the sexually explicit video at issue in this case was not the first time he engaged in sex-related conduct with a minor. In 2001, Sullivan was convicted in Nevada of conspiracy to commit pandering involving a 13-year-old girl. In 2002, Sullivan was convicted in California of four offenses involving a 14-year-old female victim: (1) unlawful sexual intercourse with a minor in violation of California Penal Code § 261.5(d); (2) oral copulation with a minor in violation of California Penal Code § 288a(b)(2); (3) pimping in violation of California Penal Code §…