United States v. Motto

MEMORANDUM

DALZELL, District Judge.

On June 9, 1999, defendant Paul Motto pleaded guilty to distributing visual depictions of minors engaged in sexually explicit conduct, and receipt of visual depictions of minors engaged in such conduct, in violation of 18 U.S.C. § 2252(a)(1) and (a)(2), respectively. At his sentencing hearing which commenced on October 21, 1999 and concluded today, Motto contended that we should depart downward from the 70 — 87 month sentencing range because America Online (“AOL”) “enabled” the offense and, pursuant to U.S.S.G. § 5K2.13, he suffered a “significantly reduced…