United States v. Bastian

I concur in the opinion of the court, including its holding that any error in the district court’s application of USSG § 2G2.2(b)(3)(B) was harmless. I write separately regarding the government’s apparent interpretation of this specific offense characteristic.

The five-level adjustment at issue applies when a defendant’s offense involved distribution of child pornography “for the receipt, or expectation of receipt, of a thing of value.” USSG § 2G2.2(b)(3)(B) (emphasis added). As the court explains, this means “any transaction, including bartering or other in-kind transaction, that is conducted…