United States v. Eric Vallejos
742 F.3d 902
9th Cir.2014Background
- Vallejos was convicted of receipt of material involving the sexual exploitation of minors under 18 U.S.C. § 2252(a)(2).
- Police found child pornography on Vallejos’s computer via LimeWire and peer-to-peer sharing.
- Vallejos provided an audio/video statement; the district court played an edited portion at trial.
- The PSR recommended 235 months; a two-level distribution enhancement was contested.
- Vallejos appealed Rule of Completeness and possession-instruction issues, plus sentencing enhancement validity.
- District court sentenced Vallejos to 188 months with 180 months supervised release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule of Completeness admission | Vallejos argues the unedited confession should be admitted. | Government contends redacted confession suffices and no distortion occurred. | No abuse; redacted statement did not distort. |
| Possession instruction | Vallejos seeks possession instruction as lesser-included. | Government argues no rational basis to convict possession alone. | District court properly denied possession instruction. |
| Distribution enhancement under § 2G2.2(b)(3)(F) | Vallejos challenges use of distribution enhancement for download activity. | Government argues use of file-sharing implies distribution; enhancement proper. | District court correctly applied the two-level distribution enhancement. |
| Constitutional framework for enhancement | Vallejos contends Apprendi/Blakely/Alleyne limit enhancements within range. | Government asserts enhancement does not implicate those standards; within-range factfinding allowed. | Enhancement within range; Apprendi/Alleyne not implicated. |
Key Cases Cited
- Beech Aircraft Corp. v. Rainey, 488 U.S. 153 (1988) (Rule of Completeness context on admissibility of omissions)
- Collicott, 92 F.3d 973 (9th Cir. 1996) (abuse of discretion standard for Rule 106)
- Dorrell, 758 F.2d 427 (9th Cir. 1985) (completeness and non-distortion of edited statements)
- Davenport, 519 F.3d 940 (9th Cir. 2008) (possession as lesser-included offense analysis)
- Budziak, 697 F.3d 1105 (9th Cir. 2012) (distribution under § 2G2.2 when shared files are accessible)
- Keeble v. United States, 412 U.S. 205 (1973) (Keeble standard for jury instruction on lesser-included offenses)
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (factfinding within statutory ranges and Apprendi framework)
- Riley, 335 F.3d 919 (9th Cir. 2003) (preponderance standard for sentencing enhancements)