United States v. Geeslin

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-40108 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BILLY GEESLIN, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-99-CR-242-1 -------------------- November 16, 2000 Before DAVIS, JONES and DEMOSS, Circuit Judges. PER CURIAM:* Billy Geeslin appeals from his sentence following his guilty-plea conviction of distribution of child pornography and receipt of child pornography. He contends that the Government failed to prove that he intended to receive materials involving prepubescent minors or to distribute or receive materials portraying sadistic or masochistic conduct or other depictions of violence. He also contends that the images in his case did not portray sadistic or masochistic conduct or other depictions of violence. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 00-40108 -2- The district court’s finding that the two images that resulted in Geeslin’s conviction warranted an adjustment because they portrayed sadistic or masochistic conduct or other depictions of violence was not clearly erroneous. United States v. Canada, 110 F.3d 260, 264 & n.5 (5th Cir. 1997). Moreover, the evidence indicated that Geeslin intentionally was involved with sadistic, masochistic, or violent images of prepubescent minors. See United States v. Kimbrough, 69 F.3d 723, 734 (5th Cir. 1995); United States v. Commander, No. 99-40846, slip op. at 3 (5th Cir. Oct. 2, 2000)(unpublished)(copy attached). AFFIRMED.