United States v Franklin

Franklin appealed one of his five child pornography convictions and his sentence. The panel affirmed. It held that Franklin was properly convicted under18 USC 2251(d)(1)(a) as advertising and notice have several commons meanings only a few of which involve the public and in any event the closed groups of child pornography file sharers are a subset of the total population and this is sufficient to sustain eh conviction. The panel noted this outcome is consistent with out of circuit case law and the legislative history. It upheld the 100 year sentence as it was within the sentencing guidelines, the guidelines were entitled to deference even though not empirically based and Franklin filed to bring any cases of similarly situated defendants with lesser sentences to the panel’s attention and thus his unduly harsh challenge failed.