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Legal Opinion

United States v. Calvin Nesmith

Court of Appeals for the Fifth Circuit

Decided August 8, 2017No. 16-40196PublishedCited by 23 opinions

1Opinion of the Court

EDWARD C. PRADO, Circuit Judge:

• Defendant-Appellant Calvin Nesmith pleaded guilty to the sexual exploitation of a minor after investigators found an explicit image of Nesmith and the fourteen-year-old daughter of his girlfriend. In calculating Nesmith’s Guidelines sentencing range, the district court applied a four-level enhancement because the image purportedly depicted sadistic conduct. Nesmith appeals the district court’s application of the sadism enhancement. We VACATE and REMAND for resentencing.

I. BACKGROUND

In June 2015, Department of Homeland Security (“DHS”) agents began…

2Cases cited15 opinions

  1. United States v. NealCourt of Appeals for the Fifth Circuit · 2009
  2. United States v. Flora Alicia OcanaCourt of Appeals for the Fifth Circuit · 2000
  3. United States v. Medina-AnicacioCourt of Appeals for the Fifth Circuit · 2003
  4. United States v. LyckmanCourt of Appeals for the Fifth Circuit · 2000
  5. United States v. Patrick John Corp.Court of Appeals for the Sixth Circuit · 2012

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3Cited by23 opinions

  1. United States v. ThomasCourt of Appeals for the Tenth Circuit · 2019
  2. United States v. McGavittCourt of Appeals for the Fifth Circuit · 2022
  3. United States v. Gary PetersonCourt of Appeals for the Fifth Circuit · 2020
  4. United States v. SantiagoCourt of Appeals for the Fifth Circuit · 2024
  5. United States v. Rodolfo Rodriguez-LeosCourt of Appeals for the Fifth Circuit · 2020

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

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