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US v. Replogle, No. 10-1544

By FindLaw Staff on January 12, 2011 | Last updated on March 21, 2019

Child Pornography Sentence Affirmed

In US v. Replogle, No. 10-1544, the court affirmed defendant's sentence for production of child pornography where 1) the district court properly relied on the factual statements in the presentence report, and that defendant waived his right to argue factual objections on appeal; 2) the district court did not clearly err in applying the vulnerable victim enhancement; and 3) the district court adequately explained the sentence, and the term imposed was not unreasonable.


As the court wrote:  "In November 2009, Replogle pled guilty, pursuant to a plea agreement, to one count of production of child pornography. A presentence investigation report ("PSR") recommended, inter alia, that the district court apply a two-level upward adjustment for obstruction of justice under USSG § 3C 1.1, and a two-level upward adjustment for knowledge of a vulnerable victim under USSG § 3A1.1(b)(1)."

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