In U.S. v. Bohannon, No. 05-16492 (Dec. 26, 2006), the Court affirmed a 120-month sentence imposed on a defendant convicted of using the internet to entice a minor into sexual activity.
The Court rejected the defendant’s challenge to the facts supporting the enhancement, under USSG § 2G2.1, based on Bohannon’s intention to produce a visual depiction of sexually explicit conduct with a minor. The Court noted that a digital camera was found in the vehicle Bohannon drove to meet with the police officer posing as a 15-year old, and that a search of Bohannon’s home uncovered photographs of minors in various stages of undress. This evidence, the Court found, supported the enhancement.
The Court rejected a reasonableness challenge to the 120-month sentence, noting that the district court’s discussion of the § 3553(a) factors showed it had considered these factors, and that this sentence was below the low-end guideline range of 135 months.