Guerrieri

United States v. Guerrieri

Good Law
184 F. App'x 630
United States Court of Appeals for the Ninth CircuitJune 9, 2006No. 05-30212California808 words

Opinion

Lead Opinion

MEMORANDUM ***

Appellant Tony Bryan Guerrieri (“Guerrieri”) was found guilty after a jury trial of knowing distribution of child pornography, and knowing possession of child pornography. The jury verdict required forfeiture of the computer equipment used in the offense conduct. The statutory maximum sentence the district court could have imposed was 30 years (or 360 months). The district court calculated Guerrieri’s base offense level at 17 and added 20 levels of sentencing enhancement. Nine levels of enhancement are supported by a special jury verdict and were not challenged by Guerrieri at the district court, and are not challenged on appeal. Guerrieri challenged the remaining 11 levels of enhancement. The district court rejected Guerrienri’s challenges, applied the considerations outlined by the Supreme Court in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), and imposed a sentence within the Guideline range of 262 months.

After Booker , we review the district court’s sentence for unreasonableness. United States v. Menyweather, 431 F.3d 692, 694 (9th Cir.2005). In determining whether the district court began with the correct Guideline sentence…

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