United States v. Turner, 2010 U.S. App. LEXIS 23625

Turner pled guilty to receipt and possession of child pornography and was sentenced to 300 months total in prison.
ICE executed a search of Turner's residence and found hard drives with over 600 images of child pornography, including some depicting sadistic or masochistic acts with young children.
The presentence report recommended a base offense level, reductions for acceptance of responsibility, and multiple increases for factors including a pattern of activity, prepubescent victim, computer use, and quantity of images.
Turner objected to the five-level enhancement for a pattern of activity; he argued the 1990 sexual abuse conviction was too remote and not sufficiently related to the current conduct.
The district court applied the 2G2.2(b)(5) enhancement and sentenced Turner to 180 months on count one and 120 months on count two, consecutively, with lifetime supervised release and various alternations.
On appeal, Turner challenged the § 2G2.2(b)(5) enhancement and the substantive reasonableness of the 300-month sentence, which this court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the pattern of activity enhancement applies	Turner contends the 1990 abuse is too remote and not part of a pattern.	Turner argues the pattern requirement is vague and temporally limited.	The enhancement applies; remote prior abuse can count toward pattern.
Whether the sentence is substantively reasonable	The government argues the 300-month term is warranted to reflect seriousness and deter.	Turner argues the sentence is excessive given guidelines and him not producing/distributing material.	The sentence is reasonable under the totality of circumstances.

United States v. Kinard, 472 F.3d 1294 (11th Cir. 2006) (burden to prove facts for a guideline enhancement by preponderance)
United States v. Wade, 458 F.3d 1273 (11th Cir. 2006) (failure to object to PSI facts admits them for sentencing)
United States v. Anderton, 136 F.3d 747 (11th Cir. 1998) (allows consideration of unrelated conduct for pattern analysis)
United States v. Campa, 529 F.3d 980 (11th Cir. 2008) (plain language governs guideline meaning; no ambiguity requires no extra inquiry)
Gall v. United States, 552 U.S. 38 (2007) (explanation of reasonableness review under 18 U.S.C. § 3553(a))
United States v. Pugh, 515 F.3d 1179 (11th Cir. 2008) (upward variance must be justified by § 3553(a) factors)
United States v. Amedeo, 487 F.3d 823 (11th Cir. 2007) (district court may consider § 3553(a) factors alongside guidelines)
United States v. Williams, 526 F.3d 1312 (11th Cir. 2008) (deference to district court on § 3553(a) analysis)