United States of America v. Mario Meschino

Before KANNE, WOOD, and SYKES,Circuit Judges.

Mario Meschino pleaded guilty to distributing and possessing child pornography. He received a 360-month sentence, the low end of the sentencing guidelines range but the statutory maximum. Among many other sentencing enhancements, Meschino received a five-level enhancement pursuant to U.S.S.G. § 2G2.2(b)(5) for engaging in a pattern of sexual abuse of a minor. This enhancement was based on testimony from Meschino’s niece that Meschino had sexually abused her for approximately ten years beginning when she was about four years old. Meschino appeals, arguing that the district court should not have prevented him from cross-examining his niece about a recent rape allegation she made against a different family member. He also contends that another enhancement he received under U.S.S.G. § 2G2.2(b)(7) for possessing more than 600 images of child pornography violates separation-of-powers principles. Finally, he claims his sentence is substantively unreasonable under 18 U.S.C. § 3553(a).