United States v. Gabriel Ayres

BEAM, Circuit Judge.

Gabriel John Ayres pleaded guilty to a single count of possession of child pornography in violation of 18 U.S.C. §§ 2252 (a)(4)(B) and 2252(b)(2). The district court 1 varied upward from the Guidelines sentence (the statutory mandatory minimum 120-month sentence) and imposed a sentence of 140 months followed by fifteen years of supervised release. On appeal, Ayres argues the sentence is constitutionally infirm, claiming that the district court relied upon contested and unproven allegations contained in the presentence investigation report (PSR) in arriving at the imposed…