Conduct committed 35 year ago may enhance child pornography sentence.
In U.S. v. Garner, the Ninth Circuit upheld a sentence enhanced due to conduct committed approximately 35 years before.
Garner was convicted of two counts of attempted receipt of child pornography and six counts of possession of child pornography, and received a sentence of 262 months. Based on Garner’s admission that he had sexually abused his children or step children some 35 years before, his sentence included an enhancement for a “pattern of activity involving the sexual abuse of exploitation of a minor” as permitted by U.S.S.G. § 2G2.2. The Court noted that commentary to the sentencing guidelines made clear that the “pattern of activity” need not be conduct concurrent with the charged offense.
