The court of appeals affirmed in part and vacated in part a district court judgment. The court held that a district court erred when it used the statutorily minimum sentence for one of three different offenses as guidelines sentences for the other two offenses rather than basing those other counts on the guidelines sentencing range separately applicable to those counts.

Jesus Evans-Martinez pleaded guilty to federal charges of sexual abuse of a child, sexual abuse of children (sending child pornography-related e-mails), and witness tampering.