United States v. Nichols, No. 18-6285 (6th Cir. 2019)
Annotate this CaseNichols admitted that he had sexually abused young girls on multiple occasions and sometimes documented the abuse in videos and photographs; videos and photographs in his possession depicted graphic scenes of adult men sexually abusing children as young as toddlers. Nichols pled guilty to receipt and possession of child pornography. The district court enhanced his sentence because some of his victims were “vulnerable,” U.S.S.G. 3A1.1(b)(1). If 3A1.1(b) did not apply, his guidelines range would be 210-262 months rather than 262-327 months. The court rejected Nichols’s argument that he also possessed material depicting “sexual abuse or exploitation of an infant or toddler,” U.S.S.G. 2G2.2(b)(4)(B), and that the commentary provides that “[i]f subsection (b)(4)(B) applies,” a court should not apply 3A1.1(b). The Sixth Circuit affirmed. Where multiple enhancements appear equally applicable, a court should use only the enhancement that “results in the greater offense level.” That is what the district court did, finding that Nichols possessed images depicting sadistic conduct as well as images depicting the sexual abuse of toddlers.
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