United States v. Steven Michael Hughes

This case requires us to decide whether United States Sentencing Guideline (U.S.S.G.) § 2G1.1(c)(1) — which directs a 4191 court to use U.S.S.G. § 2G2.1 “[i]f the offense involved causing, transporting, permitting, or offering or seeking by notice or advertisement, a person less than 18 years of age to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct”- — applies when the defendant’s primary purpose in causing the juvenile to engage in sexually explicit conduct was sexual gratification, but the defendant’s secondary purpose was to produce the visual depiction. We conclude that it does. Accordingly, we affirm.

BACKGROUND

Defendant Steven Michael Hughes pleaded guilty to two counts of transporting a minor across state lines to engage in sexual activity, in violation of 18 U.S.C. § 2423 . Because Defendant had made sexually explicit films and photographs of the minor involved in his offense, the district court applied the cross-reference contained in U.S.S.G. § 2Gl.l(c)(l) when sentencing Defendant. On appeal, Defendant contends the district court erred by applying the cross-reference.

The charges against Defendant stemmed…