Eleventh Circuit - Sex Offenses

United States v. Kushmaul, 984 F.3d 1359 (11th Cir. 2021). The court did not plainly err in ruling that Florida promoting the sexual performance of a child was a conviction relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, triggering an increase in the statutory mandatory minimum penalty for distributing child pornography.

United States v. Rogers, 989 F.3d 1255 (11th Cir. 2021). No impermissible double counting results from applying both the 5-level enhancement at §2G2.2(b)(5) (pattern of activity involving the sexual abuse or exploitation of a minor) and the 5-level enhancement at §4B1.5(b)(1) (defendant’s instant offense is a covered sex crime and defendant engaged in a pattern of activity involving prohibited sexual conduct).

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