Whitright

United States v. Whitright

Good Law
200 F. App'x 725
United States Court of Appeals for the Ninth CircuitSeptember 6, 2006No. 06-30040California579 words

Opinion

Lead Opinion

MEMORANDUM *

Boyd Whitright pled guilty to and was convicted of Receipt of Child Pornography, in violation of 18 U.S.C. § 2252A(a)(2). Whitright appeals his 108-month sentence, arguing that the district court improperly applied a four-point enhancement to his *726 sentencing score under U.S. Sentencing Guidelines Manual (“U.S.S.G.”) § 2G2.2(b)(4) (2004). Whitright also contends that the district court’s sentence was unreasonable (1) in light of United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), and 18 U.S.C. § 3553 (a); and (2) because the district court failed to comply with Fed. R.Crim. P. 32(i). Because the parties are familiar with the facts, we do not recite them in detail. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm.

The district court imposed a four-point enhancement under U.S.S.G. § 2G2.2(b)(4) because the offense involved materials that portray sadistic or masochistic conduct or other depictions of violence. Because five of the six videos identified as available for distribution from Whitright’s static IP address depicted prepubescent girls being penetrated by an adult male, the district court acted…

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