United States v. Groves

EBEL, Circuit Judge.

Defendant Timothy Allen Groves pled guilty to one count of trafficking in child pornography in violation of 18 U.S.C. § 2252(a)(2). Although the offense took place in 1994, in calculating Groves’ sentence the district court relied on two aspects of the commentary accompanying a 1996 amendment to § 2G2.2(b)(4) of the U.S. Sentencing Guidelines. First, the court observed that under the 1996 amendment, USSG § 2G2.2(b)(4)’s five-level enhancement for engaging in a “pattern of activity involving the sexual abuse or exploitation of a minor” applied whether or not the abuse or…