United States v. Matthias Haddock

MEMORANDUM

Matthias Haddock (Haddock) appeals the district court’s sentence of 210 months’ imprisonment premised on Haddock’s guilty plea .to one count of receipt of child pornography in violation of 18 U.S.C. •§ 2252A(a)(2). Haddock contends that the district court erred in increasing his base offense level pursuant to U.S.S.G. § 2G2.2(b)(5) due to Haddock’s “pattern of activity involving the sexual abuse or exploitation of a minor.” Haddock also asserts that the district court erred in imposing the mandatory minimum sentence under 18 U.S.C. § 2252A(b)(l) and in admitting the oral and written statements of Haddock’s daughter concerning Haddock’s sexual abuse.

The district court’s finding that Haddock “engaged in two or more instances of sexual abuse” of his daughter was not clearly erroneous, as it sufficiently considered the documents submitted by Haddock. The district court thus properly applied U.S.S.G. § 2G2.2(b)(5) based on the preponderance of the evidence related to Haddock’s molestation of his daughter. See United States v. Williamson, 439 F.3d 1125, 1140 (9th Cir.2006) (holding that the district court may consider uncharged conduct in ascertaining whether U.S.S.G. §…