United States v. Montalvo-Febus

LYNCH, Circuit Judge.

This is a sentencing appeal. Jose Eli Montalvo-Febus pleaded guilty to attempted possession of child pornography, 18 U.S.C. §§ 2252A(a)(5)(B), (b)(2), admitting he attempted to take illicit photographs of a naked fourteen-year-old female victim. In exchange for the guilty plea, the government agreed to dismiss two charges of transportation of this minor with the intent to engage in criminal sexual activity, which carried mandatory minimum sentences of ten years' imprisonment. Id. § 2423(a). Montalvo was sentenced to an upwardly variant sentence of eighty-four months of…