U.S. v. Schrode

Dist. Ct. did not err in sentencing defendant to 630-month term of incarceration on child pornography charges arising out of his videotaping of sexual assault of 4-year-old family member and his receipt and possession of child pornography of other victims. Record showed that defendant had also been convicted on state charge of predatory assault of family member. Thus, Dist. Ct. could properly apply defendant’s sentence for production of child pornography concurrently with his state sentence but apply his sentence for receipt and possession of child pornography consecutively to his state sentence, since state conviction did not constitute relevant conduct to his receipt and possession of child pornography convictions. Ct. rejected defendant’s argument that all of his federal sentences should have run concurrently with his state conviction because his state conviction constituted relevant conduct with respect to all of his federal convictions, where Ct. found that defendant had failed to show that his predatory assault of family member was part of same course of conduct with respect to receipt and possession of child pornography involving other victims.