Legal Opinion

United States v. Duane

Court of Appeals for the Sixth Circuit

Decided July 17, 2008No. 19-1965PublishedCited by 46 opinions

1Opinion of the Court

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

John Joseph Duane appeals his sentence for receiving and possessing child pornography in violation of 18 U.S.C. § 2252(a)(2) and (a)(4). Duane contends that: (1) calculating his sentence using the 2005 Sentencing Guidelines violated the Ex Post Facto Clause; (2) the district court erred in enhancing Duane’s sentence pursuant to U.S.S.G. § 2G2.2(b)(4) for receiving and possessing sadistic images; and (3) his sentence is unreasonable. For the following reasons, we affirm.

I

On November 10, 2005, federal agents lawfully obtained Duane’s computer. The…

2Cases cited40 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Rita v. United StatesSupreme Court of the United States · 2007
  4. Weaver v. GrahamSupreme Court of the United States · 1981
  5. Collins v. YoungbloodSupreme Court of the United States · 1990

35 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. United States v. WallaceCourt of Appeals for the Sixth Circuit · 2010
  2. United States v. HenryCourt of Appeals for the Sixth Circuit · 2008
  3. United States v. Kenneth CochraneCourt of Appeals for the Sixth Circuit · 2012
  4. United States v. TaylorCourt of Appeals for the Sixth Circuit · 2011
  5. United States v. PaullCourt of Appeals for the Sixth Circuit · 2009

41 more not listed; retrieve them via the Exa API.

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