United States v. Daniel Dove

MEMORANDUM

Defendant-Appellant Daniel Lee Dove pled guilty to an indictment charging him with Possession of Child Pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) with no plea agreement. The sentencing judge applied upward adjustments for use of a computer, U.S. Sentencing Guidelines Manual § 2G2.2(b)(6) (2008), and possession of 600 or more images, id. § 2G2.2(b)(7)(D), images of minors under the age of twelve, id. § 2G2.2(b)(2), and images portraying sadistic or masochistic conduct, id. § 2G2.2(b)(4). After application of all the relevant upward and downward adjustments, the sentencing range was seventy-eight to ninety-seven months. The court then departed downward and sentenced Dove to sixty months, to be followed by ten years of supervised release.

Dove appeals his sentence as procedurally and substantively unreasonable. Specifically, Dove challenges the possession adjustments and also contends that the district court failed to properly consider the 18 U.S.C. § 3553 (a) sentencing factors and imposed a substantively unreasonable sentence.

We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and affirm.

The facts of this case are known to the…