United States v. Roger Roybal

OPINION

MAHAN, District Judge:

Appellant Roger Allen Roybal (“Roy-bal”) pleaded guilty to one count of receiving child pornography in violation of 18 U.S.C. § 2252A(a)(2). Based on its holding that Roybal’s act of showing child pornography to an eleven-year-old victim qualified ás “distribution,” the district court (1) applied a six-level sentencing enhancement under U.S.S.G. § 2G2.2(b)(3)(D), and (2) declined to apply a two-level reduction under U.S.S.G. § 2G2.2(b)(l). On appeal, Roybal contends that his act of “showing” child pornography does not qualify as “distribution” under the sentencing…