Child pornography; Sentencing; Procedural reasonableness; USSG § 2G2.2(b)(7)(D) (image-count enhancement); Guideline commentary; Video-to-image conversion; 75:1 Rule; United States v Phillips; Kisor v Wilkie; Auer v Robbins; Loper Bright Enters v Raimondo; 18 USC § 3553(a) factors; Sentencing judge comments; Substantive reasonableness; Below-guidelines sentence; Sentencing disparities; § 3553(a)(6)

The court held that defendant-York’s below-guidelines 120-month child-pornography sentence was procedurally and substantively reasonable. He pled guilty after authorities found 99 images and 63 videos of child pornography. The district court applied the five-level enhancement under USSG § 2G2.2(b)(7)(D) by using the guideline commentary’s “75:1 Rule,” which treats each video as 75 images. On appeal, the court held that the district court properly calculated the guidelines range because Phillips remains binding and “embraced the 75:1 Rule,” while Loper Bright did not overrule the Sixth Circuit’s continued use of the Auer/Kisor framework for guideline commentary. The court next held that the district court sufficiently considered the § 3553(a) factors, noting that the court considered “the good, the bad, and the ugly,” including defendant’s lack of criminal history and acceptance of responsibility, as well as the “extremely serious” nature of videos depicting abuse of very young children and the “perpetual hurt and perpetual harm” to victims and the community. It also rejected defendant’s claim that the judge improperly referred to producers of child pornography because the remarks distinguished more and less egregious offense conduct and the comparison “seemed to help York.” Finally, the court held that the sentence was not “too long” because it was below the 151-to-188-month range and near average sentences for similarly situated defendants. Affirmed.