United States v. Terrence Sundsmo

540 F. App'x 757

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 2, 2013
• Docket: 11-30356
• Status: Unpublished

Opinion

MEMORANDUM **

Terrence Lee Sundsmo appeals from the district court’s judgment and challenges the 188-month sentence imposed following his guilty-plea conviction for possession of child pornography with previous conviction for sexual abuse of a minor, in violation of 18 U.S.C. § 2252A(a)(5)(B), as enhanced by § 2252A(b)(2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Sundsmo argues that the district court erred by imposing a five-level enhancement under U.S.S.G. § 2G2.2(b)(5) because his 1996 convictions for sexually abusing a minor do not qualify as relevant conduct or expanded relevant conduct under U.S.S.G. § lB1.3(a). We review de novo, United States v. Garner, 490 F.3d 739, 742 (9th Cir.2007), and conclude that the enhancement under section 2G2.2(b)(5) was properly imposed. See U.S.S.G. § 2G2.2(b)(5) & cmt. n. 1; U.S.S.G. Manual app. C., amend. 537 (1996) (“pattern of activity” enhancement applies to “past sexual abuse or exploitation unrelated to the offense of conviction” and, thus, reaches more “broad[ly] than the scope of relevant conduct typically considered under § 1B1.3”); Garner, 490 F.3d at 743 (“The plain language of the Commentary to § 2G2.2 eliminates the need for any temporal or factual nexus between the offense of conviction and any prior act of sexual abuse or exploitation; the provision obviously intends to cast a wide net to draw in any conceivable history of sexual abuse or exploitation of children.”)- Sundsmo’s various arguments for a narrower interpretation of section 2G2.2(b)(5) are unavailing.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.