DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
221740P.pdf 03/07/2023 United States v. Vincent Perez
U.S. Court of Appeals Case No: 22-1740
U.S. District Court for the District of South Dakota - Northern
[PUBLISHED] [Kelly, Author, with Benton and Erickson, Circuit Judges]
Criminal case - Criminal law and Sentencing. Records from the social media
network MeWe were properly authenticated, and it was not error to admit
them and let the jury decide whether the account belonged to defendant;
the evidence was sufficient to support defendant's child pornography
convictions; defendant's offenses are expressly excluded from the
definition of "covered sex crime" for purposes of Guidelines Sec.
4B1.5(a), and the district court erred in imposing a five-level
enhancement under the section; defendant's sentence is vacated, and the
matter is remanded for resentencing.