United States v. Marcos Aponte

Marcos Aponte pled guilty to possessing child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B), (b)(2), and attempting to transfer obscene material to a minor, in violation of 18 U.S.C. § 1470. Aponte now appeals his convictions and 121-month total sentence, arguing the district court erred by (1) allowing his conviction under 18 U.S.C. § 1470, even though no individual actually under the age of 16 received any obscene material, (2) imposing a lifetime term of supervised release in violation of the Eighth Amendment, and (3) assessing a five-level enhancement under U.S.S.G. §…