United States of America, Cross-Appellee v. Albert L. Boudreau

CARL E. STEWART, Circuit Judge:

The United States (“the government”) appeals the district court’s determination that a photograph of a sixteen year old boy did not constitute a lascivious exhibition of the genitals within the meaning of 18 U.S.C. § 2256(2)(E). Albert L. Boudreau (“Boudreau”) appeals the district court’s determination that downloaded computer images, which were not the subject of his conviction, were sufficient to enhance his sentence by two levels under § 2G2.4(b)(3) of the United States Sentencing Guidelines Manual (“U.S.S.G.” or “the guidelines”). For the reasons assigned…