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See Transcript of Hearing at 6:3-seven (taken May 23, 2012)("Tr.")(McMillian).three Christy conceded that, as of November 6, 2009, he realized that Doe was a small. At the sentencing hearing on May 23, 2012, Christy stated that his major objection is to statements within the Re-Disclosed PSR that characterize his actions as obtaining knowingly corresponded with an underage lady for several months proper earlier than his arrest. See Re-Disclosed PSR ¶ 80, at 21. The Re-Disclosed PSR calculates that an offense level of 34 and a criminal historical past category of I success in a tenet imprisonment array of 151 to 188 months. For Count two, the USPO calculates a foundation offense stage of 18 pursuant to U.S.S.G. § 3D1.four, milf tits cum the USPO calculates a combined altered offense level of 37. See Re-Disclosed PSR ¶¶ sixty nine-seventy five, at 20. The Re-Disclosed PSR consists of a three-stage reduction less than U.S.S.G. § 2G1.three(b)(3), for the reason that "the offense concerned using a laptop system or an interactive personal computer provider" to "talk directly with Jane Doe." Re-Disclosed PSR ¶ fifty two, at 18. The Re-Disclosed PSR involves a 2-stage improvement for Count one less than U.S.S.G.
§ 2G2.two(b)(six), because "the offense involved the usage of a pc or an interactive laptop company for the possession, transmission, receipt, or distribution of the" pornographic product. § 2G2.two(b)(4), mainly because "the offense associated substance that portrays sadistic or masochistic perform or different depictions of violence." Re-Disclosed PSR ¶ 61, at 19. The USPO relates that "the defendant possessed 1 impression of a prepubescent insignificant with an adult penis in her mouth" on one of his computer systems. Re-Disclosed PSR ¶ sixty one, at 19. The USPO asserts that the "impression seems to be sadistic as soreness and humiliation is prompted to this child." Re-Disclosed PSR ¶ 61, at 19. The USPO notes that the image represents "conduct sufficiently most likely to include agony to support a getting that it is inherently `sadistic or violent.'" Re-Disclosed PSR ¶ sixty one, at 19. The USPO applies a five-degree enhancement for Count two underneath U.S.S.G. Christy "didn't have any pictures depicting bondage or extreme torture of kids." Usa Sentencing Memorandum at 6. The United States agrees that a 5-stage enhancement under U.S.S.G. See Usa Sentencing Memorandum at 7-8. The United States asserts that a 4-level improvement underneath U.S.S.G.
§ 2G2.2(b)(two), because a few of the materials found in Christy's possession "involved a prepubescent small or a slight who had not attained the age of 12 a long time." Re-Disclosed PSR ¶ 60, at 19. The USPO applies a 4-degree improvement for Count 2 under U.S.S.G. Second Addendum to PSR at five. The USPO asserts that a 4-stage enhancement beneath U.S.S.G. § 2256. See Second Addendum to PSR at 2. The USPO asserts that an digital mail transmission confirms that Christy understood Doe was sixteen as of June six, 2009, and that Christy admitted that he knew Doe was sixteen when confronted with an electronic mail transmission he despatched on November six, 2009. See Second Addendum to PSR at 2. Regarding Christy's objection "to the information contained in paragraphs nine, 10, fifteen, 17, eighteen, 19, 23-26, 27, and 29," the USPO asserts that the obtainable discovery supports these statements, which includes numerous investigation stories.
On March fifteen, 2012, Christy submitted his Defendant's Motion for Leave to File out of Time Objections to Presentence Report. Christy "objects to the reference, in paragraph 15, to `digicam-like' flashes, as Deputy Littlefield's testimony was adamant in stating that he experienced seen camera flashes, in buy to guidance his assertion that little one pornography was getting created." Objections at three. Christy objects to references in paragraph seventeen of the Re-Disclosed PSR to 1 of the photos Doe allegedly despatched the place she was posing nude, specified that they are involved "for shock worth" and to counsel that he "experienced a little bit one thing to do with the generation of these images." Objections at 3-4. Christy additionally relates that Doe had already despatched these photographs to a further man or lady and that Doe's sister took the pictures, this sort of that, "if these statements are to be accurate, they possibly have to incorporate the total truth of the matter, or be entirely stricken." Objections at 4. Christy "objects to the statements in paragraph 18 where in it is said that Mr. Christy said that he experienced sexual intercourse with the juvenile female twice, when in Needles, California, and when in Albuquerque, New Mexico," given that "any consensual acts involving Mr. Christy and Jane Doe which happened in the State of recent Mexico ended up lawful functions, because the age of consent in New Mexico is sixteen a long time of age." Objections at four. Christy "objects to the statements in paragraph 19 of the PSR which get started with Mr. Christy's admission that he understood Jane Doe was sixteen yrs previous on November six, 2009, and concluding with Mr. Christy's alleged assertion that `the e mail messages amongst him and Jane Doe (juvenile woman) were being ordinary,'" for the reason that the age of consent in New Mexico is sixteen, making these statements misleading.
