Ninth Circuit Allows 35-Year-Old Conduct to Enhance Child Porn Conviction

The decision begins: “This appeal tests the temporal and relational limits of prior conduct as a sentencing enhancement.”  That seems to be putting it mildly.  In U.S. v. Garner, case no. 06-10417 (June 18, 2007), the Ninth Circuit allows the defendant’s sexual abuse of his children more than 35 years ago to be considered in enhancing his sentence for attempted receipt and distribution of child pornography.  The court finds no time or relationship limitations built into the “pattern of activity involving the sexual abuse or exploitation of a minor” requirement for enhancement under section 2G2.2(b)(5) of the Sentencing Guidelines.

Nothing from Ninth Circuit Blog yet (which is almost certain to weigh in on this), but Professor Martin notes that the 22-year sentence means Garner will die in prison.

One wonders if this has to be some sort of record.  The oldest conduct utilized for enhancement in any of the cases cited by the court was 26 years before the conviction.