United States v. Michael Carroll

MEMORANDUM

A jury foúnd Michael Carroll guilty of one count of advertising child pomogra- phy, in violation of 18 U.S.C. §§ 2251 (d)(1)(A), (e), and two counts of distribution of child pornography, in violation of 18 U.S.C. §§ 2252 (a)(2), (b)(1). The district court sentenced Carroll to a total term of imprisonment of twenty-six years, which included 180 months on the advertising count and 132 months for each distribution count. Carroll appeals his sentence on all counts. We have jurisdiction under 28 U.S.C, § 1291, and we affirm.

1. Carroll argues that the district court erred by imposing an obstruction of justice enhancement under U.S.S.G. § 3C1.1 without making explicit findings of willfulness or materiality. Because Carroll did not object to this enhancement in the district court, we review for plain error. See United States v. Ayala-Nicanor, 659 F.3d 744, 746-47 (9th Cir.2011). Under that standard of review, even assuming that the district court plainly erred, reversal is not warranted because Carroll’s substantial rights were not affected. See United States v. Teague, 722 F.3d 1187, 1190 (9th Cir.2013). The maximum offense level under the Guidelines is 43. See U.S.S.G. Ch.…