United States v. Jerry Dunn
CourtCourt of Appeals for the Sixth Circuit
Date FiledNovember 13, 2026
Docket26-5164
JudgeJeffrey S. Sutton; David W. McKeague; Richard Allen Griffin
StatusUnpublished
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Full Opinion
NOT RECOMMENDED FOR PUBLICATION
File Name: 26a0453n.06
No. 26-5164
UNITED STATES COURT OF APPEALS FILED
FOR THE SIXTH CIRCUIT Nov 13, 2026
KELLY L. STEPHENS, Clerk
)
UNITED STATES OF AMERICA,
)
Plaintiff-Appellee, ) ON APPEAL FROM THE
) UNITED STATES DISTRICT
v. ) COURT FOR THE EASTERN
) DISTRICT OF KENTUCKY
JERRY W. DUNN, )
Defendant-Appellant. ) OPINION
)
)
Before: SUTTON, McKEAGUE, and GRIFFIN, Circuit Judges.
GRIFFIN, Circuit Judge.
A jury convicted defendant Jerry Dunn of five counts of sexual exploitation of a minor and
one count of possessing material involving the sexual exploitation of a minor. The district court
imposed a below-Guidelines sentence of 720 months. Dunn challenges the sufficiency of the
evidence underlying his convictions and the substantive reasonableness of his sentence. We
affirm.
I.
During a three-month stretch in fall 2022, 56-year-old Dunn had an intimate relationship
with MV, a 14-year-old girl. According to MV, Dunn sexually assaulted her, took pictures of her
while he performed sexual acts, and repeatedly asked her to send sexually explicit pictures and
videos of herself.
No. 26-5164, United States v. Dunn
Officers began an investigation of Dunn and executed a search warrant at his house. They
seized various items, including a cell phone. The phone contained images and videos of MV
naked, of MV and Dunn kissing, and of Dunn performing oral and digital sex on her.
A grand jury indicted Dunn with five counts of employing, using, persuading, inducing,
enticing, or coercing a minor to produce sexually explicit visual depictions under 18 U.S.C.
§ 2251(a), and one count of knowingly possessing material containing a visual depiction of a minor
engaged in sexually explicit conduct under 18 U.S.C. § 2252(a)(4)(B).
Dunn went to trial. The jury heard testimony from Detective Jacob Wilson (the officer
who seized Dunn’s phone), Amanda Moses (the forensic examiner assigned to the case), MV, and
Dunn. Wilson testified about the background of the investigation. Moses testified about the
process of extracting the images and videos from the phone. She also dated them. MV testified
about how Dunn exploited her for the images and videos and threatened her family if she told
anyone. She additionally identified herself and Dunn’s hand or his car in each photograph,
explaining that Dunn either took the photographs or directed her to take them and send them to
him. And Dunn testified that MV’s allegations were untrue. Dunn moved for judgment of
acquittal at the close of the government’s case and renewed that motion after trial. The district
court denied the motions, and the jury found Dunn guilty of all charges.
At sentencing, the district court calculated the Guidelines range, which carried a maximum
of 1,920 months’ imprisonment. It then discussed the relevant sentencing factors under 18 U.S.C.
§ 3553(a) and sentenced Dunn to 720 months’ imprisonment. Dunn timely appealed.
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No. 26-5164, United States v. Dunn
II.
Dunn argues that (1) the evidence was not sufficient to support his conviction and, thus,
the district court erroneously denied his motions for judgment of acquittal; and (2) his 720-month
sentence is substantively unreasonable.
A.
Rule 29 requires a court to “enter a judgment of acquittal of any offense for which the
evidence is insufficient to sustain a conviction.” Fed. R. Crim. P. 29. Evidence is insufficient only
if, “after viewing the evidence in the light most favorable to the prosecution,” no “rational trier of
fact could have found the essential elements of the crime beyond a reasonable doubt.” United
States v. Maya, 966 F.3d 493, 498 (6th Cir. 2020) (quoting Musacchio v. United States, 577 U.S.
237, 243 (2016)).
Dunn first argues that MV’s testimony materially changed over the course of the
investigation and trial, which precludes any rational juror from accepting her account. But an
argument against a witness’s inconsistent testimony is “merely a challenge to [her] credibility.”
United States v. Talley, 164 F.3d 989, 996 (6th Cir. 1999). And “challenges to the credibility of a
witness” are challenges to the “quality of the government’s evidence,” not “the sufficiency of the
evidence.” United States v. Baskerville, 164 F.4th 459, 476 (6th Cir. 2026) (citation modified). In
short, Dunn fails to raise a proper sufficiency-of-the-evidence challenge on this ground.
Next, Dunn argues that, because the forensic examiner testified at trial that she did not
remember who transported the phone from the evidence locker to her, the jury lacked any basis to
attribute the child pornography to Dunn. This argument fails for the same reason: “[C]hain of
custody issues are jury questions,” not questions about the sufficiency of the evidence. United
States v. Allen, 619 F.3d 518, 525 (6th Cir. 2010); Talley, 164 F.3d at 996.
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No. 26-5164, United States v. Dunn
In sum, both of Dunn’s purported sufficiency challenges are improvidently raised under
Rule 29. We therefore reject them.
B.
Dunn also challenges the substantive reasonableness of his sentence. A sentence is
substantively unreasonable when it is “too long” because “the court placed too much weight on
some of the § 3553(a) factors and too little on others.” United States v. Rayyan, 885 F.3d 436, 442
(6th Cir. 2018). We review for an abuse of discretion. Id. Because Dunn’s sentence is below the
Guidelines range, we presume that it is reasonable. United States v. Sierra-Villegas, 774 F.3d
1093, 1103 (6th Cir. 2014).
Dunn presses two arguments. First, Dunn asserts that his sentence creates an unwarranted
sentencing disparity because data from the Judicial Sentencing Information Network (JSIN) shows
shorter sentences for similarly situated offenders. See 18 U.S.C. § 3553(a)(6). Second, Dunn
insists the district court should have placed less weight on general deterrence and varied downward
even further given his age, health risks, and lack of criminal history.
Dunn fails to rebut the presumption of reasonableness. The district court considered the
JSIN data when evaluating “the need to avoid unwarranted disparities.” Gall v. United States,
552 U.S. 38, 54 (2007). But the district court acted well within its discretion in finding those broad
averages unpersuasive given the facts of this case. The district court described Dunn’s conduct as
“apex exploitation of a minor victim” and found numerous aggravating circumstances, including
Dunn’s “twisted . . . approach,” “five deplorable acts of production,” “perjury at trial,” and “no
acceptance of responsibility, no regret, no apology, no contrition.” In light of these circumstances,
the district court sensed a strong need to deter others and protect both society and the victim from
further conduct. This was not an abuse of discretion. And Dunn has not identified any other “basis
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No. 26-5164, United States v. Dunn
so compelling as to necessitate a shorter sentence.” United States v. Nunley, 29 F.4th 824, 835
(6th Cir. 2022) (citation modified). Thus, Dunn’s below-Guidelines sentence is substantively
reasonable.
III.
We affirm.
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