United States v. Lynn
636 F.3d 1127
| 9th Cir. | 2011Background
- Lynn was convicted of receipt/distribution under § 2252(a)(2) and possession under § 2252(a)(4)(B) of visual depictions of minors' sexual conduct.
- Evidence showed Lynn downloaded child pornography via Limewire; expert testimony described Limewire and Gnutella network to the jury.
- Interstate commerce element relied on out-of-state production evidence and witnesses who linked depictions to Georgia and Washington.
- District court imposed guidelines range with a two-level vulnerable-victim adjustment; Lynn objected to the adjustment.
- On appeal, Lynn argued lack of sufficient interstate-commerce evidence, double jeopardy from dual convictions, and sentencing error.
- Court held evidence sufficient on interstate commerce, but vacated one conviction for double jeopardy and remanded for resentencing; upheld vulnerable-victim adjustment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of interstate commerce | Lynn argues out-of-state production evidence does not prove interstate movement. | Lynn contends the digital copies did not cross borders. | Evidence sufficient; depictions moved in interstate commerce. |
| Double jeopardy for receipt and possession | Convictions based on same conduct; multiplicitous. | Different dates render separate conduct; supports two counts. | Convictions premised on same conduct; vacate one conviction; remand for resentencing. |
| Vulnerable-victim adjustment in guidelines | No nexus shown between vulnerability and offense. | Evidence supports vulnerability due to victim age/size. | No procedural error; adjustment upheld. |
Key Cases Cited
- United States v. Schales, 546 F.3d 965 (9th Cir. 2008) (possession as lesser-included offense; multiplicitous if based on same conduct)
- United States v. Giberson, 527 F.3d 882 (9th Cir. 2008) (double jeopardy considerations for possession/receipt)
- United States v. Brobst, 558 F.3d 982 (9th Cir. 2009) (double jeopardy relief when appropriate for multiple counts)
- United States v. Davenport, 519 F.3d 940 (9th Cir. 2008) (plain-error standard for double jeopardy; remand guidance)
- United States v. Holt, 510 F.3d 1007 (9th Cir. 2007) (vulnerable-victim enhancement admissible with possession offenses)
- United States v. Lacy, 119 F.3d 742 (9th Cir. 1997) (production/transportation theory under § 2252(a)(4)(B))
- United States v. Guagliardo, 278 F.3d 868 (9th Cir. 2002) (production using materials moved in interstate commerce)
- Barrett v. United States, 423 U.S. 212 (Supreme Court 1976) (interpretation of 'has been' in interstate commerce context)