United States v. James Lee Wright, United States of America v. Tracey Lynn Wright

Defendant James Wright appeals his 15-year sentence for the production of material involving the sexual exploitation of his 11-month old son. His wife Tracey Wright appeals her 20-year sentence for the possession and receipt of material involving the sexual exploitation of children. They both challenge the district court’s 4-level upward departure under U.S.S.G. § 5K2.8 for extreme conduct. They also challenge the district court’s application of the 2-level vulnerable victim adjustment, U.S.S.G. § 3A1.1. Tracey Wright separately claims that the court improperly used her relevant conduct — which includes the production of images of her husband engaging in sexually explicit conduct with their 3-year old son, a 17-month old girl, a 3-year old girl, and a 13-year old girl — to apply U.S.S.G. § 2G2.2(c)’s cross-reference to U.S.S.G. § 2G2.1. We hold that the district court did not err in calculating the Wrights’ sentences.

FACTUAL AND PROCEDURAL BACKGROUND

Both of the Wrights were indicted for crimes involving the sexual exploitation of children in August 2002. With the government’s agreement to drop related receipt and possession charges, James ultimately pleaded guilty to one count…