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Avirgo, a. Thomas Edward Bohannon appeals his month sentence for use of the internet to entice a minor into sexual activity, in violation of 18 U. On appeal, Bohannon argues that the district court erred in calculating his offense level when it 1 applied U. He also argues that his sentence, which was below the tomonth advisory range he faced, was unreasonable in light of the factors outlined in 18 U.

After careful review, we affirm.

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We review a district court's interpretation of the Guidelines de novo and its findings of fact for clear error. United States v. Jordi, F. Crawford, F. Martin, F. The district court need not state on the record that it has explicitly considered each factor and need not discuss each factor. Talley, F. The facts relevant to Bohannon's sentencing claims are these. On March 3,Bohannon was indicted for knowingly and intentionally using the internet, a means of interstate commerce, to entice a minor into sexual activity, in violation of 18 U.

Bohannon pled guilty to the charge and proceeded to sentencing. Bohannon discussed getting a room so they could engage in sexual activities, including genital and oral sex, and again stressed that they had to be careful because he could go to jail for a long time due to her age.

Law enforcement officers subsequently arranged surveillance at the deated meeting place and time.

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A photograph of an actual year-old girl was recovered, as were four photographs showing a girl, who had stated in chats with Bohannon that she was 17 years old, in various stages of undress. Pursuant to U. The PSI recommended a 2-level upward adjustment because the offense involved the use of a computer, U. With a criminal history category I, Bohannon's advisory sentencing range was 46 to 57 months imprisonment.

Because Bohannon also faced a statutory minimum term of five years, 18 U. See U. Seven days after the deadline for filing objections to the PSI, the government filed an objection and a motion for leave to file the objection out of time, arguing that the PSI should have applied the cross-reference in U. The government asserted that application of the cross-reference yielded a base offense level of 32, which should then be increased by 4 levels based on the age of the. With a 2-level reduction for acceptance of responsibility, Bohannon's adjusted offense level would be a 34 rather than the PSI's recommended At the sentencing hearing, the government introduced a police report of the forensic examination of Bohannon's computers.

The report included a list Bohannon kept of approximately 90 women, their chat names, and the of times he had had sex with each of them. The report also contained images which were printed from Bohannon's computer and showed him engaged in sexual activities with some of the women from the list. Over Bohannon's objection, the district court agreed, holding that Bohannon had intended to take pictures of himself engaged in sexual activity with a girl whom he believed was 15 years old.

The district court found that the evidence in the government's exhibits demonstrated Bohannon's propensity to take pictures of his sexual encounters with females. The court noted that although mere possession of the camera would not be enough to trigger the cross-reference, the combination of the camera and Bohannon's tendency to catalog his sexual activity enabled the government to meet its burden.

The district court ruled that the cross-reference applied and calculated a base offense level of 32, pursuant to U. The base offense level was increased by 2 levels, pursuant to U. With the 3-level reduction for acceptance of responsibility, Bohannon's adjusted offense level was 33, and his Guidelines range was to months imprisonment.

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After restating his objections to application of the cross-reference and the enhancement for the specific offense characteristic based on the age of the child, as represented by the undercover officer during the chat sessions, Bohannon requested a sentence below the Guidelines range, arguing that a sentence approximating the statutory minimum would be more appropriate.

Bohannon highlighted that he was a first-time offender who had worked hard all of his life and that his behavior had shocked his family and did not reflect the life he led. Bohannon also submitted letters from family members and friends, all of whom attested to Bohannon's good character and work ethic. The government requested a sentence at the low-end of the court-calculated Guidelines range, arguing that Bohannon had a well-developed plan to have sex with a minor and that, had he not been caught, this would not have been a one-time offense.

The district court noted that the Guidelines range was advisory and discussed its obligation to examine the factors set forth in 18 U. Well I suppose there are two aspects of that. First, to deter Mr. Bohannon from engaging in criminal conduct.

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My sense is Mr. Bohannon would never do this again. Irrespective of his views of sexual involvement, there are lots of people out there who are willing partners, nothing illegal about it, and what became illegal is when he crossed that line of agreeing and wanting to engage in sexual activity with a minor. There is also the question, of course, of imposing a sentence that has a deterren[t] impact to others, other people understanding the seriousness of this.

I think when you look at a man of 53 years of age who has not engaged in other criminal conduct, who has led a life that has been free of any criminal involvement, that has to be considered. Now, I understand the argument that everyone starts out in a category one, but this is a factor that the court needs to look at. To provide the defendant with needed educational or vocational training or, in this case, other treatment, I think when you look at what is going on here, as I said before, I don't pretend to be any type of a psychologist, but when someone has had the life that Mr.

I am going to impose a sentence that I think is appropriate to meet the requirements that I talked about, and I am placing particular emphasis on the fact that Mr. Bohannon is a first time offender, and I do not think a sentence in excess of that which will be imposed is necessary to deter Women want sex Bohannon from further criminal conduct. The district court then sentenced Bohannon to a term of months imprisonment.

This appeal followed. Bohannon was convicted of violating 18 U. Miller, F. The burden is on the government to prove the factors that trigger the cross-reference by a preponderance of the evidence. Whitesell, F. Here, the district court's finding that a preponderance of the evidence showed Bohannon had the intent to offer and to take pictures of himself engaged in sexually explicit conduct with a minor, namely oral-genital and genital-genital sex, is a factual finding and, accordingly, is reviewed for clear error.

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Bohannon had a digital camera in his car, as well as a history of photographing his sexual encounters. Indeed, the district court reviewed a government exhibit that catalogued a variety of Bohannon's computer files including numerous photographs he had taken of sexual encounters with women, as well as at least one confirmed photograph consisting of child pornography. The district court was careful to note that the mere presence of the camera itself would not have been sufficient but that the camera, in concert with the evidence of Bohannon's propensity to take pictures of his sexual encounters, enabled the government to meet its burden.

On this record, we discern no clear error in the district court's factual findings, nor can we find an error of law in its application of the cross-reference based on those findings. We likewise are unpersuaded by Bohannon's argument that the district court erred by enhancing his offense level, pursuant to U.

Williams, F. Sanchez, F. Moreover, his computer also revealed at least one confirmed image of child pornography, as well as numerous seductive pictures of others with whom Bohannon had sexual encounters. Finally, Bohannon argues his sentence was unreasonable because the district court did not give adequate consideration to his status as a first-time offender, a father, a hard worker, and a person of good character.

We disagree. Valnor, F. Hunt, F. Here, the district court considered Bohannon's arguments for a lesser sentence but was persuaded to impose a harsher sentence because of the seriousness of the crime. The district court imposed a sentence below the court-calculated Sentencing Guidelines range, rejecting the government's request for a higher sentence and specifically recognizing that Bohannon had no criminal history and probably would not commit another offense.

We also note that the sentence imposed was well below the statutory maximum sentence of 30 years' imprisonment that Bohannon faced under the applicable version of 18 U. And the applicable commentary provides as follows:Application of Subsection c 1. We note in passing that Congress has since increased both the statutory minimum, from 5 to 10 years imprisonment, and the statutory maximum, from 30 years to life imprisonment, for Bohannon's offense. Explore Resources For Practice Management. Legal Technology. Corporate Counsel.

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