Legal Opinion

United States v. Battaglia

Court of Appeals for the Sixth Circuit

Decided November 5, 2010No. 08-4275PublishedCited by 57 opinions

1Opinion of the Court

OPINION

RONALD LEE GILMAN, Circuit Judge.

Ross Battaglia pled guilty to two counts of knowingly receiving and distributing child pornography and to one count of possessing child pornography. The district court applied a five-level enhancement under the U.S. Sentencing Guidelines (U.S.S.G.) because it found that Battaglia had “[d]istribut[ed child pornography] for the receipt, or expectation of receipt, of a thing of value, but not for pecuniary gain.” U.S.S.G. § 2G2.2(b)(3)(B). In other words, the court found that Battaglia had traded or attempted to trade child pornography. The court then…

2Cases cited6 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. United States v. BoldsCourt of Appeals for the Sixth Circuit · 2007
  3. United States v. MoonCourt of Appeals for the Sixth Circuit · 2008
  4. United States v. SimmonsCourt of Appeals for the Sixth Circuit · 2007
  5. United States v. David J. FarrowCourt of Appeals for the Sixth Circuit · 2000

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

3Cited by57 opinions

  1. United States v. VizcarraCourt of Appeals for the Seventh Circuit · 2012
  2. United States v. David ZobelCourt of Appeals for the Sixth Circuit · 2012
  3. United States v. StewartCourt of Appeals for the Sixth Circuit · 2010
  4. United States v. BrooksCourt of Appeals for the Sixth Circuit · 2011
  5. United States v. Paul VolkmanCourt of Appeals for the Sixth Circuit · 2015

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

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