United States of America, Plaintiff-Appellee/cross-Appellant v. John Patrick Farrelly, Defendant-Appellant/cross-Appellee

OPINION

ROGERS, Circuit Judge.

John Patrick Farrelly was convicted of one count of receiving child pornography and was sentenced to 57 months’ imprisonment. Because there was sufficient evidence that the pornographic images that Farrelly received were of real children, we AFFIRM Farrelly’s conviction. However, because the district court applied the wrong sentencing guideline for conduct that did not amount to trafficking in child pornography, we REVERSE and REMAND for resentencing.

I. Background

Farrelly, a former police chief, worked as the coordinator of a county 911 center in Kentucky starting…