United States v. Rogers

MEMORANDUM OF DECISION AND ORDER ON SENTENCE

GEORGE Z. SINGAL, District Judge.

Brian Rogers entered a conditional plea to a one-count indictment charging possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). Among the issues that remain for resolution are the applicability of the two-level enhancement for distribution, U.S.S.G. § 2G2.2(b)(3)(F), and the five-level enhancement for “[distribution 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). The Government takes the position that the five-level…