Case Explained: Non-Argument Calendar UNITED STATES OF AMERICA v. GILBERTO VAZQUEZ GOMEZ

Court: United States Court of Appeals for the Eleventh Circuit Filed: 2026-08-10 Docket: 2:17-cr-00403-MHH-SGC-1 The eleventh-circuit affirmed the defendant’s 240-month sentence for production of child pornography under 18 U.S.C. § 2251(a). The court reviewed factual findings for clear error and guideline application with due deference, holding that the district court properly applied a five-level enhancement under U.S.S.G. § 4B1.5(b) because the defendant engaged in a pattern of activity involving prohibited sexual conduct. The court found credible evidence established the defendant’s intent to produce child pornography and that placing a cell phone in a bathroom to record minors constituted a substantial step toward the crime, satisfying the attempt standard under *United States v. Yost*. Additionally, multiple attempts against the same victim qualified as a pattern of activity under U.S.S.G. § 4B1.5, cmt. n.4(B)(i), and prohibited sexual conduct includes attempts under 18 U.S.C. § 2251(e). On reasonableness grounds, the court found the sentence procedurally sound because the district court adequately considered the 18 U.S.C. § 3553(a) factors and substantively reasonable given the egregious nature of child sex crimes and the sentence being well below the statutory maximum. The conviction and sentence remain in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.