Legal Opinion

United States v. David Ryan Alberts

Court of Appeals for the Eleventh Circuit

Decided June 13, 2017No. 16-11065PublishedCited by 23 opinions

1Opinion of the Court

MARTIN, Circuit Judge:

This is David Alberts’s appeal of his 120-month prison sentence 'imposed after he pled guilty to receiving and possessing child pornography. Mr. Alberts says the District Court made a mistake when it raised by five his offense level under United States Sentencing Guidelines (“USSG”) § 2G2.2(b)(5). Mr. Alberts’s sentence was made longer, as called for under § 2G2.2(b)(5), once the District Court found that he “engaged in a pattern of activity involving the sexual abuse or exploitation of a minor.” He argues he should not have received this longer sentence under §…

2Cases cited15 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Kimbrough v. United StatesSupreme Court of the United States · 2007
  3. United States v. PughCourt of Appeals for the Eleventh Circuit · 2008
  4. Tapia v. United StatesSupreme Court of the United States · 2011
  5. United States v. Jennifer AguillardCourt of Appeals for the Eleventh Circuit · 2000

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3Cited by23 opinions

  1. United States v. Lawrence F. CurtinCourt of Appeals for the Eleventh Circuit · 2023
  2. United States v. Eric KingCourt of Appeals for the Eleventh Circuit · 2023
  3. United States v. Robert Brandon MaloneCourt of Appeals for the Eleventh Circuit · 2022
  4. United States v. Darron Derrain CromerCourt of Appeals for the Eleventh Circuit · 2020
  5. United States v. Frederick JenkinsCourt of Appeals for the Eleventh Circuit · 2019

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

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