United States v. Michael Norris

MEMORANDUM

Michael Scott Norris (“Norris”) appeals his sentence imposed after pleading guilty to eleven counts of Production of Child Pornography in violation of 18 U.S.C. §§ 2251 (a), (e), and 2256. Norris seeks re-sentencing, arguing that (1) the district court’s advisory United States Sentencing Guidelines (“U.S.S.G.”) calculation imper-missibly double counted for the same conduct; (2) the district court erroneously concluded it lacked the authority to impose a sentence concurrent with a yet-to-be imposed (at that time) state court sentence; and (3) the district court erred in imposing plethysmograph testing as a condition of supervised release without making the findings required by United States v. Weber, 451 F.3d 552 (9th Cir.2006). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm in part and vacate and remand in part!

I

The district court did not impermissibly double count by imposing both (1) a two-level upward adjustment after grouping the crimes involving each child victim under U.S.S.G. §§ 3D1.2 to 3D1.4, and (2) a five-level enhancement for engaging in a pattern of activity involving prohibited sexual conduct under U.S.S.G. §…