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United States v. Dorvee

616 F.3d 174 (2010)

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United States v. Dorvee

United States Court of Appeals for the Second Circuit
616 F.3d 174 (2010)

  • Written by Sharon Feldman, JD

Facts

Justin Dorvee (defendant) conversed online with individuals he believed were 14-year-old males but who were actually undercover police officers. Dorvee engaged in sexually explicit conversations with the officers and sent computer images of boys and videos of minors engaging in sexually explicit conduct. A search warrant was executed at Dorvee’s home. The officers seized computer disks and a computer containing several thousand images and 100 to 125 videos depicting minors engaged in sexually explicit conduct. Dorvee traded these videos and images with other individuals on the Internet. Dorvee pleaded guilty to distributing child pornography. The presentence report calculated a sentencing-guidelines range of 262 to 327 months by adding enhancements under United States Sentencing Guidelines (U.S.S.G.). § 2G2.2 for material involving a prepubescent minor or a minor under 12 years old, distribution to a minor that was intended to induce the minor to engage in prohibited sexual conduct, material that portrayed sadistic or masochistic conduct or other depictions of violence, the use of a computer, and possession of 600 or more images. Dorvee was sentenced to the statutory maximum of 240 months. On appeal, Dorvee challenged his sentence as substantively unreasonable.

Rule of Law

Issue

Holding and Reasoning (Parker, J.)

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