22-1621-cr United States v. Duchesne UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007 IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 25th day of July, two thousand twenty-three. PRESENT: GERARD E. LYNCH, JOSEPH F. BIANCO, MYRNA PÉREZ, Circuit Judges. _____________________________________ United States of America, Appellee, v. 22-1621-cr Zachary L. Duchesne, Defendant-Appellant. _____________________________________ FOR DEFENDANT-APPELLANT: James P. Egan, Assistant Federal Public Defender, Federal Public Defender’s Office, Syracuse, NY. FOR APPELLEE: Michael S. Barnett, Rajit S. Dosanjh, Assistant United States Attorneys for Carla B. Freedman, United States Attorney for the Northern District of New York, Syracuse, NY. Appeal from a judgment of the United States District Court for the Northern District of New York (D’Agostino, J.). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Defendant-appellant Zachary Duchesne appeals from a judgment principally sentencing him to a term of imprisonment of fifteen years, to be followed by a supervised release term of fifteen years. On March 4, 2021, Duchesne was charged with seven counts of knowingly transporting child pornography over the internet, in violation of 18 U.S.C. § 2252A(a)(1), and one count of knowing possession of child pornography, in violation of § 2252A(a)(5)(B). On September 15, 2021, Duchesne pled guilty to all eight counts without a plea agreement. On July 22, 2022, the district court sentenced Duchesne to a term of fifteen years imprisonment on each count, all to run concurrently to each other. In addition, the district court imposed a fifteen- year term of supervised release on all counts, again running concurrently. The district court imposed this sentence after determining that Duchesne’s prior state court conviction for attempted possession of a sexual performance by a child, in violation of New York Penal Law (“NYPL”) §§ 110.00 and 263.16, triggered enhanced federal penalties under 18 U.S.C. § 2252A(b). 1 18 U.S.C. § 2252A(b)(1) and (b)(2). On appeal, Duchesne argues that the district 1 This statutory language is identical in Section 2252A(b)(1) and (b)(2). Section 2252A(b)(1) provides for an enhanced penalty applicable to a person convicted of transporting child pornography in violation of 18 U.S.C. § 2252A(a)(1)–(4) or (6), while Section 2252A(b)(2) does the same for a person convicted of possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5). The enhanced penalty under Section 2252A(b)(1) is …
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