United States v. Garcia

In the Preteen Postings and Trading online chatroom, Martin Garcia (plaintiff) chatted with undercover Special Agent Robert Leazenby, who was posing as the mother of two daughters, ages 7 and 12, under the username “ibalissasmom.” Garcia requested sexually explicit photographs of ibalissasmom’s daughters. Garcia sent ibalissasmom blank film for the requested photos. Garcia then sent two child-pornography photos to ibalissasmom in exchange. The federal government (defendant) charged Garcia with interstate distribution of child pornography. Garcia pleaded guilty. At the sentencing hearing, the district court calculated Garcia’s sentence in accordance with the federal sentencing guidelines. The base-level sentence for interstate distribution of child pornography was enhanced by a cross-reference to the guidelines sentence for seeking or soliciting the production of child pornography. The district court also applied a sentence enhancement for sex offenses involving victims under the age of 12. The district court calculated the guidelines sentence range at 97 to 121 months and sentenced Garcia to 97 months. Garcia appealed, arguing that (1) the sentence was unconstitutional in light of United States v. Booker, because the district court relied on facts that were not proved to the jury beyond a reasonable doubt; (2) the district court should not have applied the cross-reference; and (3) the district court should have reduced the sentence because Agent Leazenby induced Garcia to engage in illegal conduct.