Legal Opinion

United States v. Fulford

Court of Appeals for the Eleventh Circuit

Decided November 14, 2011No. 10-12916PublishedCited by 33 opinions

1Opinion of the Court

CARNES, Circuit Judge:

A defendant convicted of distribution of child pornography is subject to a 5-level enhancement under § 2G2.2(b)(3)(C) of the sentencing guidelines if the distribution was to a minor. The defendant in this case distributed child pornography to an unidentified person, not connected with law enforcement, who convinced him that she (or he) was a minor. The district court applied the distribution to a minor enhancement after concluding that the actual age of the recipient, which has never been determined in this case, does not matter so long as the defendant thought that the…

2Cases cited25 opinions

  1. Stinson v. United StatesSupreme Court of the United States · 1993
  2. Pavelic & LeFlore v. Marvel Entertainment Group, Div. of Cadence Industries Corp.Supreme Court of the United States · 1990
  3. Edwards v. Prime, Inc.Court of Appeals for the Eleventh Circuit · 2010
  4. Burgess v. United StatesSupreme Court of the United States · 2008
  5. United States v. Anthony F. MurrellCourt of Appeals for the Eleventh Circuit · 2004

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3Cited by33 opinions

  1. Robert Wayne Holsey v. Warden, Georgia Diagonstic PrisonCourt of Appeals for the Eleventh Circuit · 2012
  2. United States v. Dane GillisCourt of Appeals for the Eleventh Circuit · 2019
  3. United States v. Lonnie WhatleyCourt of Appeals for the Eleventh Circuit · 2013
  4. United States v. Richard HaasCourt of Appeals for the Fourth Circuit · 2021
  5. United States v. NoriegaCourt of Appeals for the Eleventh Circuit · 2012

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

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