Case Explained: UNITED STATES OF AMERICA v. DANIEL A. BETTY

Court: United States Court of Appeals for the Seventh Circuit Filed: 2026-08-12 The Seventh Circuit affirmed Daniel Betty’s 264-month sentence for sexual exploitation of a child, enticement of a minor, and receipt of child pornography. The court rejected Betty’s four primary arguments on appeal. First, regarding the grouping rules under U.S.S.G. § 3D1.4 and the “pattern of activity” enhancement under § 4B1.5(b), the court held that double counting is generally permissible under the Guidelines when triggered by the same conduct. While acknowledging a potential plain error in the district court’s failure to apply a cross-reference from U.S.S.G. § 2G2.2(c)(1) to § 2G2.1 for the receipt count, the court found no prejudice because applying the correct cross-reference would have resulted in a higher offense level and still yielded a life imprisonment guidelines range; thus, the outcome of the proceeding would not have been different. Second, the court affirmed the two-level enhancement for “sexual contact” under § 2G2.1(b)(2)(A), ruling that the victim’s self-masturbation as instructed by Betty constituted “sexual contact” under 18 U.S.C. § 2246(3). Third, the court found no plain error in the district court’s reliance on evidence regarding the victim’s suicide attempt and psychological toll, noting that Betty admitted to the factual basis of his plea and failed to object to these assertions at sentencing. Finally, the court held that the district court adequately explained its sentence by referencing the § 3553(a) factors, addressing Betty’s mitigation arguments regarding his mental health and the “absurdity” of the guidelines range through an explicit below-Guidelines variance. The judgment of the district court is affirmed. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.