United States v. Dustin Randall

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF No. 20-10339

AMERICA,

Plaintiff-Appellee, D.C. Nos. 2:18-cr-00303-JCM-EJY-1 v. 2:18-cr-00303-JCM-EJY

DUSTIN RANDALL,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Argued and Submitted December 10, 2021 San Francisco, California

Filed May 20, 2022

Before: Kim McLane Wardlaw, Daniel A. Bress, and Patrick J. Bumatay, Circuit Judges.

Opinion by Judge Bumatay; Dissent by Judge Wardlaw SUMMARY *

Criminal Law

Answering two questions of first impression in this circuit, the panel affirmed a sentence imposed on Dustin Randall for distributing and receiving child pornography in violation of 18 U.S.C. § 2252A.

The panel held that to be eligible for a five-level enhancement under U.S.S.G. § 2G2.2(b)(3)(B), which applies to offenders who distribute child pornography “in exchange for any valuable consideration,” the defendant need not actually receive the “valuable consideration,” and that the district court…