United States v. Amy Lynn Cook -Eastern District of Kentucky at Lexington
Split Score
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Case Summary
Disposition
Affirmed
The Sixth Circuit held that imposing both the under-twelve enhancement and the infant-or-toddler enhancement under U.S.S.G. §2G2.1(b) did not constitute impermissible double counting in the sentencing of Amy Lynn Cook, who pled guilty to producing child pornography. Concluding that each enhancement punishes a distinct aspect of harm, the court affirmed Cook’s 276-month sentence.
Circuit Split Identified
Legal Issue
Whether applying both U.S.S.G. §2G2.1(b)(1)(A) (minor under 12) and §2G2.1(b)(4)(B) (material portraying an infant or toddler) constitutes impermissible double counting at sentencing.
Circuit Positions
Both enhancements may be applied; no impermissible double counting because each addresses a distinct harm.
Applying both enhancements is impermissible double counting because the guideline already accounts for age-related vulnerability.
Conflict Summary
The Sixth, Fifth, and Ninth Circuits hold that the two enhancements punish conceptually distinct harms and therefore may be applied together, while the Fourth Circuit holds that the child-pornography guideline already accounts for age-related vulnerability, making the additional infant/toddler enhancement impermissible double counting.