explicit conduct, in violation of 18 U.S.C. §§ 2252(a)(2), 2252(b)(1), and 2256, and two
counts of possession of matter containing visual depictions of minors engaged in sexually
explicit conduct, in violation of 18 U.S.C. §§ 2252(a)(4)(B), 2252(b)(2), and 2256.
On December 4, 2012, Mr. Lucero pled guilty to the indictment without a plea
On February 14, 2013, a probation officer issued a presentence report (“PSR”)
calculating Mr. Lucero’s Guidelines sentencing range at 78 to 97 months in prison. The
PSR set Mr. Lucero’s base level at 22 pursuant to U.S.S.G. § 2G2.2, which states the
base level for child pornography offenses, including Mr. Lucero’s. From there, the PSR
calculated Mr. Lucero’s total offense level based on the following:
A two-level decrease because his offense was limited to receipt and not
distribution of child pornography, § 2G2.2(b)(1);
A two-level increase because the material uncovered on his computers
depicted pre-pubescent minors, § 2G2.2(b)(2);
A five-level increase because he engaged in a “pattern of activity”
involving the sexual abuse of minors, including molesting his nieces,
A two-level increase because his offense involved the use of a
computer, § 2G2.2(b)(6);
A two-level increase based on the number of images involved in the
offense, § 2G2.2(b)(7)(A); and
A three-level decrease for acceptance of responsibility, § 3E1.1.
Mr. Lucero’s total offense level was 28, which, when paired with his criminal history
category of I (based on no prior criminal offenses), yielded a Guidelines range of 78 to 92
months in prison.