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Sentencing Boost for Giving Value for Child Porn Splits Circuits

May 20, 2022, 7:05 PM

The proper test for the five-point sentence enhancement for a defendant who exchanged something of value for child pornography was dissected by the Fourth and Ninth circuits Friday.

The issue before the US Court of Appeals for the Ninth Circuit was whether the enhancement applies if the defendant didn’t actually receive a thing of value in exchange for his child pornography.

There’s a circuit split on the issue. The Sixth Circuit held that the enhancement doesn’t require the defendant to actually receive the consideration, but the Fifth Circuit has held that the court must find that the valuable consideration came ...