§ 2G2.2(b)(3)(B) material portraying sadistic or violent conduct or sexual abuse or exploitation of an infant or toddler, U.S.S.G. Over Hennings’s objection, the district court increased the offense level to 40 for specific offense characteristics, including the following: distribution in exchange for valuable consideration, U.S.S.G. Sentencing Guidelines (Guidelines or U.S.S.G.) § 2G2.2(a)(2). At sentencing, the district court1 concluded that Hennings’s base offense level was 22 under U.S. Hennings pleaded guilty to one count of receipt of child pornography, in violation of 18 U.S.C. A search of his BlackBerry and SD card revealed an additional 45 images and 1,104 videos of child pornography. Dropbox reported that 23 files had been shared from Hennings’s account. The Dropbox account stored 2,380 images and 6,215 videos of child pornography, which Hennings had organized into folders and subfolders. After Dropbox reported that a customer was using its services to store child pornography, law enforcement officers traced the account to Robert Joe Hennings in Des Moines, Iowa. Robert Joe Hennings lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Southern District of Iowa - Central _ Submitted: OctoFiled: Janu _ Before SMITH, Chief Judge, WOLLMAN and LOKEN, Circuit Judges. 20-3483 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. United States Court of Appeals For the Eighth Circuit _ No. 3E1.1 where defendant falsely denied or minimized relevant conduct and imposed frivolous objections. 2G2.2(b)(7)(D) for possession of more than 600 images no error in denying defendant's request for a reduction for acceptance of responsibility under Guidelines Sec. 2G2.2(b)(4) for sadistic images and images showing sexual abuse of a toddler no error in imposing an enhancement under Guidelines Sec. 2G2.2(b)(3)(B) as he exchanged the child pornography for other photos no error in imposing an enhancement under Guidelines Sec. The district court did not err in including child pornography files stored in defendant's Dropbox account in determining the number of images involved, as the files contained actual images and videos and not simply URLs or hyperlinks no error in applying an enhancement for distribution in exchange of valuable consideration under Guidelines Sec. Court Description: Criminal case - Sentencing.
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