The 6th Circuit Court of Appeals issued it's opinion on February 20, 2018, and on June 18, 2018 this Honorable Court entered it's judgement in Rosales-Mireles, Slip op 16-9493, allowing for unpreserved guideline calculation errors to be reviewed under Plain Error standards and the petitioner at bar asserts his guidelines were calculated in error where he was not considered for a three (3) point reduction under §2x1.1.

The Circuit Courts are split as to the correct method for determination whether an image depicts a lascivious exhibition of a child's genitals or pubic area. The first, third, and fifth circuits make an "objective inquiry" relying on the "four corners rule," while the sixth, eighh, and nineth circuits use extrinsic evidence and includes the intent of the producer. The resulting difference leads to manifest injustice where defendants convictions are reversed in some circuits (U.S. v. Steen, 634 F3d 822 (5th Cit. 2011) or receive substantial sentences like the petitioner at bar for nearly identical conduct.

Does the First Amendment protect the right to engage in anonymous online speech?