United States v. Jeffrey Hechler

MEMORANDUM

Jeffrey Paul Hechler appeals from the district court’s judgment and challenges his 168-month sentence imposed following his convictions for five counts of Distribution of Images of Minors Engaged in Sexually Explicit Conduct, in violation of 18 U.S.C. § 2252 (a)(2), and four counts of Possession of Matters Containing Images of Sexually Explicit Conduct, in violation of 18 U.S.C. § 2252 (a)(4)(B). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Because Hechler failed to raise the present issues below, we review for plain error. See United States v. Gallegos-Galindo, 704 F.3d 1269, 1272 (9th Cir.2013); United States v. Jimenez, 258 F.3d 1120, 1124 (9th Cir.2001). To satisfy the plain error test, we must find (1) there is an error; (2) it was plain; (3) the error affected substantial rights; and (4) the error seriously affected the fairness, integrity or public reputation of judicial proceedings. United States v. Cotton, 535 U.S. 625, 631 , 122 S.Ct. 1781 , 152 L.Ed.2d 860 (2002).

First, Hechler argues that the district court erred in imposing an upward adjustment for sadistic conduct under U.S.S.G. § 2G2.2(b)(4) because the imposition of that adjustment…