United States v. Spence

The presumption against the extraterritorial application of congressional legislation does not apply to preclude a sentencing judge from considering extraterritorial conduct which would otherwise be properly considered as relevant conduct. The Eleventh Circuit affirmed the imposition of a two-level sentencing enhancement for distribution under USSG 2G2.2 after defendant was convicted of child pornography related offenses. In this case, the court rejected defendant's contention that his distribution of child pornography videos while he was in Jamaica should not have affected his Guidelines calculation. View "United States v. Spence" on Justia Law