United States v. Prophet

In United States v. Prophet, the defendant, Maximus Prophet, appealed the District Court’s denial of his motion to vacate his sentence under 28 U.S.C. § 2255. In the motion, he challenged the sentencing court’s application of a two-point Guidelines enhancement for distribution of child pornography. The 3rd Circuit affirmed, holding that Amendment 801, which revised the language of U.S. Sentencing Guidelines Manual § 2G2.2(b)(3)(F), imposed a substantive change to the Guidelines themselves. The Amendment had the purpose and effect of narrowing the scope of the enhancement, making the previous version of § 2G2.2(b)(3)(F) inconsistent with the amended version. Therefore, because Amendment 801 substantively changed the Guidelines, the Amendment did not apply retroactively.

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