Court: United States Court of Appeals for the Eleventh Circuit

Filed: 2026-06-29

Docket: 3:23-cr-00153-WWB-LLL-1

The eleventh-circuit affirmed the 51-month sentence imposed on Nicole Danielle Devilbiss for conspiracy to create and distribute animal crush videos in violation of 18 U.S.C. §§ 371, 48(a)(2) & (3). The court held that the district court did not commit procedural error by applying a four-level enhancement under U.S.S.G. § 3B1.1(a) for Devilbiss’s role as an organizer or leader of a criminal activity involving five or more participants, nor did it err in denying her a two-level reduction under U.S.S.G. § 4C1.1. The court applied clear error review to the district court’s factual findings regarding Devilbiss’s leadership status, concluding that her exercise of authority to remove members, moderate content, and control access to the Telegram group constituted sufficient “control and authority exercised over others” under the relevant sentencing factors, even if she was not the sole leader. Regarding substantive reasonableness, the court applied an abuse of discretion standard under 18 U.S.C. § 3553(a) and found the sentence reasonable because it fell within the correctly calculated advisory guidelines range. The court rejected Devilbiss’s arguments that the district court improperly relied on a public petition expressing public outrage or failed to give sufficient weight to her mitigating circumstances, noting that the district court explicitly stated the petition would not be the basis for its decision and that sentencing judges have discretion to weigh factors differently based on the nature and circumstances of the offense. Consequently, Devilbiss’s conviction and sentence remain in effect, and she must serve the 51-month term of imprisonment.

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