United States v. Adam Lynde, 428 F. App'x 334

Lynde pleaded guilty to possession of child pornography under 18 U.S.C. §2252A(a)(5)(B) and was sentenced to 46 months after adopting the PSR.
The PSR calculated base offense level 18 under USSG §2G2.2(a)(1) with enhancements for minors under 12 (b(2)), use of a computer (b(6)), and 300–600 images (b(7)(C)); plus a 3-level acceptance of responsibility reduction, total level 23 and a criminal history I.
The guideline range was 46–57 months.
Lynde’s plea did not include an appeal waiver; objections were withdrawn except to the computer-use enhancement (b(6)).
The district court overruled the objection, adopted the PSR, and imposed a within-Guidelines sentence of 46 months.
On appeal, the Fifth Circuit affirmed, rejecting Lynde’s arguments about the indictment amendment, waiver of objections, and double-counting of the computer enhancement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constructive amendment of indictment by using enhancements	Lynde	Lynde	No error; not a constructive amendment.
Procedural reasonableness given waived objections	Lynde	Lynde	Waived objections; sentence not procedurally unreasonable.
Double-counting the computer enhancement (b(6))	Lynde	Lynde	No error; no express prohibition against double-counting.

United States v. Robles-Vertiz, 155 F.3d 725 (5th Cir. 1998) (constructive amendment framework; elements vs. sentencing facts)
United States v. O’Brien, 130 S. Ct. 2169 (S. Ct. 2010) (sentencing facts may be proved by preponderance; not all sentencing facts require indictment)
United States v. Calbat, 266 F.3d 358 (5th Cir. 2001) (double-counting rules depend on express prohibition in the guideline)
United States v. Musquiz, 45 F.3d 927 (5th Cir. 1995) (waiver of objections generally leaves issues unreviewable)
United States v. Cabral-Castillo, 35 F.3d 182 (5th Cir. 1994) (plain-error review for unpreserved arguments)