United States v. Edward Teuschler
2012 U.S. App. LEXIS 15284
| 5th Cir. | 2012Background
- Teuschler pled guilty to interstate distribution of child pornography after sending images to an undercover officer posing as a 13-year-old.
- Law enforcement searched Teuschler's residence in July 2010 and found 277 additional child-pornography images beyond the nine sent to Alexis.
- The PSR assigned a base offense level of 22, with multiple enhancements totaling level 38, including a 3-level morph for image numerosity and a 9-level unrelated adjustment.
- With no criminal history points, Teuschler fell in Guideline Category I, producing a range of 235–240 months given statutory maximum constraints.
- The district court sentenced Teuschler to 180 months, and Teuschler appealed raising (1) numerosity enhancement, (2) Equal Protection challenge to child-pornography guidelines, and (3) substantive reasonableness.
- This court vacated and remanded for resentencing due to error in the numerosity enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the numerosity enhancement was proper | Teuschler argues no relevant conduct to support extra images. | Teuschler contends all images are not linked as relevant conduct under §1B1.3(a). | Enhancement reversed; numerosity error; remand for resentencing. |
| Whether child-pornography guidelines violate Equal Protection | Teuschler asserts irrational, non-empirical basis for guidelines. | Guidelines are rational; disparities allowed. | Plain-error review rejected; no error established. |
| Whether the district court abused discretion by failing to impose a downward departure | Teuschler claims court should have downwardly departed. | Court did not err; remand could yield different sentence. | Not reached; remand renders issue moot. |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (Supreme Court 2007) (reasonableness review in light of 18 U.S.C. §3553(a))
- Rita v. United States, 551 U.S. 338 (Supreme Court 2007) (substantive reasonableness and de novo review framework)
- United States v. Lyckman, 235 F.3d 234 (5th Cir. 2000) (de novo review when misinterpretation of Guidelines)
- United States v. Rodriguez, 523 F.3d 519 (5th Cir. 2008) (preponderance of evidence for enhancements burden)
- United States v. Fowler, 216 F.3d 459 (5th Cir. 2000) (possession vs. distribution; common scheme limitations)