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Before LOKEN and MURPHY, Circuit Judges, and JACKSON,* District Judge. On March 8 and March 25, Grauer sent links to images of young-looking males and females engaged in various sexual acts, including sexual intercourse. This was sufficient evidence that he constructively possessed the child pornography found on his computer following his arrest. Telemaque, 934 F.2d 169, 170–71 (8th Cir.1991) (targeting official victims); accord United States v. The district court, having heard lengthy trial testimony regarding the nature and purpose of Grauer's chats, was in the best position to find whether he made one or more identity misrepresentations with the intent that warranted the § 2G1.3(b)(2)(A) enhancement.

Is severe addiction to heroin, opiate narcotics, and illegal drugs harming your career and finances, marriage, or health?Our teen drivers ed course will help you get closer to earning your license, and a half (0.5) Carnegie Unit closer to high school graduation—all for learning basic driving safety skills!If you're already driving, our adult drivers ed course will help you become a safer driver and may qualify you for a 10% insurance discount. At Drivers Ed.com, every course delivers an unparalleled educational experience. The district court sentenced him to 151 months in prison on the attempted enticement count and a concurrent 120 months on the child pornography possession count. About an hour later, in recounting a recent sexual relationship with a college girl, Grauer bragged, “Well she liked me. She wants me to come back and see her one of these days.” Grauer was in fact 58 years old. When asked about his job, he initially told Jenny he was a consultant. It is extremely rare as far as we know from our research. Herriot answered, “it sounds like it is similar to some case that I saw in the newspapers.” When the prosecutor then asked if Dr. “The trial court has broad discretion in controlling closing arguments and without a clear showing of abuse, that discretion will not be overturned.” United States v. On appeal, Grauer argues the evidence was insufficient to convict him of “knowing” possession of child pornography because the government presented no evidence as to how the images came to be on his computer or when they were accessed. Grauer objected to the § 2G1.3(b)(2) and § 2G2.2(b)(3)(E) enhancements. Grauer urged the court to impose the mandatory minimum sentence of 120 months. § 3553(a) sentencing factors, the court sentenced Grauer to 151 months in prison, the bottom of the advisory range. Holt, 510 F.3d 1007, 1009–11 (9th Cir.2007) (45–year–old male chatting online with a 13–year–old female claimed to be a 19–year–old college student). He was acquitted on two counts of distributing child pornography. In the first chat, Jenny told Grauer she was a 14–year–old from Clinton. Herriot by asking if he was aware of actual cases known to the prosecutor (and to the district court) that disproved this assertion. Pierson, 544 F.3d 933, 940–41 (8th Cir.2008), cert. You've had to see terrible things, disgusting things. He asserts that the prosecutor's closing argument was “so egregious, suggestive, and inflammatory [that it] infected the entire trial.” We disagree. Count 4 of the superseding indictment charged him with knowing possession of child pornography in violation of 18 U. The jury unanimously found that three images and five videos were child pornography that Grauer knowingly possessed on April 9, 2010, the day of his arrest. This made the possession count “the Group with the highest offense level,” resulting in a total offense level of 38 under § 3D1.4 and an advisory guidelines range of 235 to 293 months in prison. The Court found that the misrepresentations were made with the requisite intent and thus applied the enhancement. This finding resulted in a combined total offense level of 34 and an advisory guidelines range of 151–188 months in prison. He notes, quite correctly, that he told Jenny he was old enough to be her father and sent her pictures of himself that confirmed their age differential, unlike defendants in the cases on which the government relies, who made age misrepresentations clearly aimed at overcoming a minor's reluctance to engage in sex with an older man. Watkins, 667 F.3d 254, 264 (2d Cir.2012) (after telling minor female he was 38 when he was in fact 48, defendant said, the day before they had vaginal intercourse, “it's only [a] twenty years [age difference], it's common for couples”); United States v.

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