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United States v. Doutt

United States Court of Appeals, Sixth Circuit

June 4, 2019

United States of America, Plaintiff-Appellee,
v.
Dean A. Doutt, Defendant-Appellant.

          Argued: May 10, 2019

          Appeal from the United States District Court for the Southern District of Ohio at Columbus. No. 2:17-cr-00249-1-Algenon L. Marbley, District Judge.

         COUNSEL

         ARGUED:

          Dennis Belli, Columbus, Ohio, for Appellant.

          Heather A. Hill, UNITED STATES ATTORNEY'S OFFICE, Columbus, Ohio, for Appellee.

         ON BRIEF:

          Dennis Belli, Columbus, Ohio, for Appellant.

          Heather A. Hill, Kimberly Robinson, UNITED STATES ATTORNEY'S OFFICE, Columbus, Ohio, for Appellee.

          Before: ROGERS, DONALD, and THAPAR, Circuit Judges.

          OPINION

          THAPAR, CIRCUIT JUDGE.

         Dean Doutt pled guilty to receiving child pornography. The district court enhanced his sentence because it found that he had engaged in a "pattern of activity involving the sexual abuse or exploitation of a minor." U.S. Sentencing Guidelines Manual § 2G2.2(b)(5) (U.S. Sentencing Comm'n 2016). But the district court used the wrong legal standard when it applied this enhancement, so we vacate and remand for resentencing.

         I.

         Dean Doutt thought he could secretly obtain child pornography online using a videoconferencing application. He was wrong. Turns out, the federal government was monitoring that application. So ...


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