U.S. v. Rodgers

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 09-3364
Decision Date: 
July 9, 2010
Federal District: 
U.S. v. Rodgers
Holding: 
N.D. Ill., W. Div.
Dist. Ct. did not err in sentencing defendant to 78-month term of incarceration on charge of possession of child pornography based in part on number of images enhancement under section 2G2.2 of USSG and sadistic images enhancement under section 2G2(b)(4) of USSG. Ct. rejected defendant's claims that section 2G2.2 was unconstitutional because it was legislated by Congress, as opposed to being promulgated by Sentencing Commission, or that enhancement for sadistic images otherwise constituted improper double counting.