Sentencing Enhancement Rule for Child Pornography Video Upheld

A man sentenced to more than 12 years in prison on child pornography charges won’t get a time cut because the trial court properly applied an enhancement counting each video as 75 images, the Sixth Circuit ruled Monday.

Trial courts may still rely on the US Sentencing Commission’s note in the sentencing guidelines commentary instructing courts to use the 75:1 Rule in child pornography cases, the US Court of Appeals for the Sixth Circuit ruled, in an opinion written by Judge Danny J. Boggs.

Defendant Trinity Phillips argued that the rule is invalid under the 2019 US Supreme Court ruling ...