United States v. Dyer

LYNCH, Chief Judge.

At issue is the meaning and application of a 2003 Sentencing Guideline for possessing child pornography, § 2G2.4(e)(2), which instructed sentencing judges to apply the stiffer penalties for trafficking in child pornography cases “[i]f the offense involved trafficking in material involving the sexual exploitation of a minor ... including ... possessing material involving the sexual exploitation of a minor with intent to traffic.” U.S.S.G. § 2G2.4(c)(2). The issue is one of first impression for this circuit. The defendant, Mark David Dyer, primarily argues that the sentencing…