Whether the Sixth Circuit erred in holding that the petitioner lacks standing to challenge the constitutionality of the statute at issue

No question identified. : sentencing hearing. After a sentencing hearing held on June 13*, 2018, Mr. Lynde was sentenced by the Court to a term of 97 months for the offense of Receipt and Distribution Child Pornography and ordered a total of $20,000 to two identifiable victims (R. 27, Judgment). Mr. Lynde timely filed his notice of appeal on August 1:t, 2018 (R. 29, Notice of Appeal). The matter was briefed for the Sixth Circuit Court of Appeals and, after considering the matter on the briefs submitted, the Court issued an Opinion dated June 7*h, 2019, denying all relief. Mr. Lynde now makes this timely application to this Honorable Court. B. Statement of Facts The Government stated, in Mr. Lynde’s Change of Plea hearing, as its basis for the charges alleged in the indictment that over the course of approximately fourteen months in 2014 and 2015, Mr. Lynde, through internet access on his computer, collected and possessed images that contained child pornography. (R. 56, Change of Plea hearing transcript, Page ID# 1007). The images were transported across lines and contained minors engaged in sex as well as pre-pubescent minors engaged in intercourse and Mr. Lynde was aware of his possession of these images as well as their content. (R. 56, Change of Plea hearing transcript, Page ID# 1008). Mr. Lynde agreed that he had engaged in such conduct. (R. 56, Change of Plea hearing transcript, Page ID# 1009). At his sentencing hearing, Mr. Lynde’s counsel noted for the Court that he was an honorably discharged U.S. Air Force veteran who raised three grown children with 2 his wife who now suffered from a debilitating illness. (R. 57, Sentencing Hearing transcript, Page ID# 1017-1018). His counsel went on to note that, after his discharge, he had a long career as an X-ray service technician, work that led him on several charitable missions outside the United States to assist other countries with their X-ray equipment. (R. 57, Sentencing Hearing transcript, Page ID# 1018-1019). Mr. Lynde’s counsel noted that he had voluntarily participated in sex offender treatment from the time of his arrest until sentencing in order to address any issues he had with attraction to child pornography, though Dr. Michael Smith, his treatment provider, noted in his report that he was a low risk to reoffend and had instituted measures that would assist him in preventing relapse. (R. 57, Sentencing Hearing transcript, Page ID# 1019-1020; R. 22, Sealed Exhibits to Defense Sentencing Memorandum, Page ID# 805). His counsel further noted that his family was present and supported him and submitted proof to the court through letters by various family members and friends. (R. 57, Sentencing Hearing transcript, Page ID# 1020-1021; R. 22, Sealed Exhibits to Defense Sentencing Memorandum, Page ID# 806-854). Mr. Lynde’s conduct had put a large financial burden on their family, including the sale of their home, and they were fully aware of his offense conduct but supported him nonetheless. (R. 57, Sentencing Hearing transcript, Page ID# 1020-1021; R. 22, Sealed Exhibits to Defense Sentencing Memorandum, Page ID# 806-854). Mr. Lynde’s counsel reiterated to the Court that Mr. Lynde had addressed the issues of his criminal conduct directly and effectively and that he empathizes with the victims of child pornography. (R. 57, Sentencing Hearing transcript, Page ID# 1022-1023). 3 Mr. Lynde stated to the Court that he did not understand the full impact of his conduct to his family and to the victims at the time of the offense, but he now does and apologized for his actions and wanted to return to his old life prior to this episode. (R. 57, Sentencing Hearing transcript, Page ID# 1023-1024). C. Sixth Circuit Opinion The Opinion issued by the Sixth Circuit in this matter upheld the rulings of the District court. In its Opinion, the Sixth Circuit, in reference to Mr. Lynde’s assertions that the United States Sentencing Commission’s own reports and recommendations as well as their