Background

• Battaglia pled guilty to two counts of knowingly receiving and distributing child pornography and one count of possessing child pornography.
• District court applied a five-level trading enhancement under U.S.S.G. § 2G2.2(b)(3)(B) for distribution for receipt or expected receipt of value.
• Counts were grouped for guideline calculation per U.S.S.G. § 3D1.2, base level 22, total offense level 37 after enhancements.
• The court downwardly departed to criminal history category I, yielding a range of 210–262 months; Battaglia was ultimately sentenced to 140 months plus lifetime supervised release.
• Battaglia appealed arguing the trading enhancement double-counted by punishing the same distribution offense twice; government argued it targeted distinct conduct and needed only proof of trading/attempted trading.
• The panel affirmed, holding no impermissible double counting because the base and the trading enhancement punish distinct aspects of conduct.

Issues

Key Cases Cited

• United States v. Moon, 513 F.3d 527 (6th Cir. 2008) (double counting framework for similar conduct)
• United States v. Farrow, 198 F.3d 179 (6th Cir. 2000) (permissible multiple penalties for distinct conduct)
• United States v. Simmons, 501 F.3d 620 (6th Cir. 2007) (requirement to show consideration of 3553(a) factors)
• United States v. Bolds, 511 F.3d 568 (6th Cir. 2007) (procedural/clarity standards in sentencing findings)
• United States v. Novales, 589 F.3d 310 (6th Cir. 2009) (abuse-of-discretion review of sentencing decisions)
• Gall v. United States, 552 U.S. 38 (2007) (reasonableness review of sentences; abuse-of-discretion standard)