FEDERAL (PORNOGRAPHY): USA v. Fore (6th Cir. 11/8/2007)

USA v. Fore
Eastern District of Kentucky at Lexington
Sixth Circuit; Nov. 8, 2007
07a0446p.06

GRIFFIN, Circuit Judge. Defendant James T. Fore, II, appeals his conviction and sentence on charges of interstate transportation of child pornography and possession of child pornography, in violation of 18 U.S.C. §§ 2252(a)(1) and (a)(4)(B), respectively. The central issue on appeal, a matter of first impression in this circuit, is whether the district court properly denied defendant’s request for a two-level reduction in his base offense level pursuant to U.S.S.G. § 2G2.2(b)(1) (2005), which allows such a reduction if “the defendant’s conduct was limited to the receipt or solicitation of material involving the sexual exploitation of a minor; and . . . the defendant did not intend to traffic in, or distribute, such material.” Defendant argued that the reduction was justified because his conduct was limited to possession with no intent to distribute pornography.

The district court, however, denied the reduction on the ground that defendant’s criminal conduct was not limited to the receipt or solicitation of pornographic materials, but also involved the transportation of the pornography in interstate commerce. Defendant also challenges his conviction in a separately filed pro se supplemental brief. For the reasons set forth below, we affirm defendant’s conviction and sentence.