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He was acquitted on two counts of distributing child pornography. In the first chat, Jenny told Grauer she was a 14–year–old from Clinton. Herriot by asking if he was aware of actual cases known to the prosecutor (and to the district court) that disproved this assertion. Pierson, 544 F.3d 933, 940–41 (8th Cir.2008), cert. You've had to see terrible things, disgusting things. He asserts that the prosecutor's closing argument was “so egregious, suggestive, and inflammatory [that it] infected the entire trial.” We disagree. Count 4 of the superseding indictment charged him with knowing possession of child pornography in violation of 18 U. The jury unanimously found that three images and five videos were child pornography that Grauer knowingly possessed on April 9, 2010, the day of his arrest. This made the possession count “the Group with the highest offense level,” resulting in a total offense level of 38 under § 3D1.4 and an advisory guidelines range of 235 to 293 months in prison. The Court found that the misrepresentations were made with the requisite intent and thus applied the enhancement. This finding resulted in a combined total offense level of 34 and an advisory guidelines range of 151–188 months in prison. He notes, quite correctly, that he told Jenny he was old enough to be her father and sent her pictures of himself that confirmed their age differential, unlike defendants in the cases on which the government relies, who made age misrepresentations clearly aimed at overcoming a minor's reluctance to engage in sex with an older man. Watkins, 667 F.3d 254, 264 (2d Cir.2012) (after telling minor female he was 38 when he was in fact 48, defendant said, the day before they had vaginal intercourse, “it's only [a] twenty years [age difference], it's common for couples”); United States v....

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