United States v. James R. Garner

This appeal tests the temporal and relational limits of prior conduct as a sentencing enhancement. In it, James Garner (“Garner”), sentenced to 262 months following his guilty plea conviction for two counts of attempted receipt of visual depictions of a minor engaged in sexually explicit conduct and six counts of distribution of visual depictions of a minor engaged in sexually explicit conduct, all in violation of 18 U.S.C. § 2252 (a)(2), contends the district court erred by using thirty-five-year-old conduct to enhance his sentence and that his resulting sentence is unreasonable. We affirm.

FACTS AND PROCEDURAL HISTORY

Garner was first identified by federal authorities in 2002 when he responded to an internet advertisement placed by an undercover postal inspector, promising to deliver videos of young schoolgirls having sex. Garner sent the inspector two emails, indicating his preference for videos with very young children, seven to twelve years old, with their parents. Garner ordered one videotape, described as a video of a father with three girls aged eight, nine, and fourteen, and one ten-year-old boy. Garner also inquired if the undercover inspector had any tapes of a young…