Argued: December 11, 2013.
Appeal from the United States District Court for the District of South Carolina, at Charleston. (2:11-cr-00474-DCN-1). David C. Norton, District Judge.
John Robert Haley, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, South Carolina, for Appellant.
Peter Thomas Phillips, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, South Carolina, for Appellee.
William N. Nettles,
United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South
Carolina, for Appellee.
Before WILKINSON, DIAZ, and THACKER, Circuit Judges. Judge Diaz wrote the opinion, in which Judge Wilkinson and Judge Thacker joined.
DIAZ, Circuit Judge:
Harvey Cox pleaded guilty to possessing child pornography. At sentencing, the district court determined that, as part of the offense, Cox caused a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of that conduct. Based on this determination, the court enhanced Cox's sentence under applicable provisions of the Sentencing Guidelines. Cox appeals, arguing that the evidence was insufficient to support the enhancement. Finding no error in the district court's sentencing calculations, we affirm.
In early 2011, the Florence County, South Carolina, Sherriff's Office was investigating Cox regarding the sexual assault of a minor. After authorities arranged a meeting with him to discuss the investigation, Cox staged his own death. He created the appearance that he had died while fishing off the South Carolina coast--prompting the Coast Guard to conduct a search--when in fact he had fled to Florida. After Cox's daughter, A.C., reported the ruse to authorities, the U.S. Marshals Service arrested Cox in Florida and returned him to South Carolina.
During the ensuing investigation, A.C. turned over to authorities forty-six Polaroid photographs of a naked young girl, whom A.C. identified as Cox's niece, M.G. A.C. informed investigators that she discovered the photographs in Cox's bedroom and in his truck. On the back of each photograph was a date, in Cox's handwriting, ranging from June 2004 to December 2005. A.C. informed investigators that Cox had sexually abused her when she was between the ages of ten and thirteen. The end of this period coincided ...