19 results for 'cat:"Sentencing" AND cat:"Child Pornography"'.
J. Pratt finds the trial court improperly lowered defendant's sentence to 10 years' imprisonment after his conviction on child pornography charges. The court did not have competent and substantial evidence to justify its downward departure, particularly as regards its references to defendant's self-reported post-traumatic stress disorder, depression, alcoholism and other mental health issues. Vacated.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: April 12, 2024, Case #: 22-1603, Categories: sentencing, child Pornography
J. Hull finds that the district court properly sentenced defendant to 840 months in prison following his guilty plea to using a minor to produce child pornography and distributing and possessing child pornography. The district court correctly applied a sentencing enhancement based on images and video defendant created of the same victim, his four-year-old daughter, at around the same time. The videos showed separate instances of sexual abuse and were recorded over two days. The district court also did not commit any error in viewing defendant's active-duty military status as an aggravating rather than mitigating factor for sentencing purposes. Affirmed.
Court: 11th Circuit, Judge: Hull, Filed On: April 9, 2024, Case #: 22-11153, Categories: sentencing, child Pornography
J. Clement finds the district court improperly applied a sentencing enhancement for obstruction of justice after defendant pleaded guilty to child pornography possession when his wife discovered images on his phone and reported him. Defendant's wife later decided to defend him, and the enhancement was applied based on a conversation they had about a letter of support she was writing for his sentencing proceeding. A case cited by the government is distinguishable in that defendant coordinated with his wife, not a criminal counterpart, telling her to use her own words. No obstruction exists in defendant's answering his wife's questions about what he thought she should say. Vacated.
Court: 5th Circuit, Judge: Clement , Filed On: February 15, 2024, Case #: 23-50100, Categories: sentencing, Obstruction, child Pornography
J. Kelly finds a lower court properly sentenced a defendant to 20 years in prison after he pleaded guilty to two counts of production and attempted production of child pornography, and one count of enticement of a minor. The defendant, who sexually abused and groomed two minors to produce child pornography, argued that the length of his sentence is above the statutory minimum of 15 years. However, the government sufficiently showed in court that he could have faced a lifetime in prison. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: January 22, 2024, Case #: 23-1602, Categories: sentencing, Child Victims, child Pornography
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J. Smith finds the trial court properly imposed consecutive sentences after defendant pleaded guilty to charges that stemmed from child pornography found on his computer and phone. The seriousness of his conduct, which included the downloads of at least 20 separate images, support the sentences. Additionally, the fact that each image involved a separate victim allowed the court to deny defendant's motion to merge various counts of his indictment for sentencing purposes. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: December 26, 2023, Case #: 2023-Ohio-4823, Categories: sentencing, child Pornography
J. Sullivan finds that the district court properly sentenced defendant to 45 years based on her guilty plea to sexual exploitation and conspiracy to sexually exploit her young child. The sentence was not substantively unreasonable given that she solicited participation by the girl's father and produced and shared pornographic photos and videos of encounters based on the father's directions. The court failed to verify defendant had read and discussed the presentence report with counsel, but the error was not prejudicial. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: October 17, 2023, Case #: 21-2134, Categories: Criminal Procedure, sentencing, child Pornography
J. Loken finds a lower court properly revoked a defendant's probation for possessing an Internet device to access child pornography while serving 240 months of supervised release. The defendant argued that his 24 month revocation sentence and 19 years probation is unreasonable. However, the government presented sufficient evidence in court that the defendant bought a smartphone almost immediately after he was released from custody and refused to show his phone to his probation officer, which contained an "extensive browsing history of child pornography." Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: October 11, 2023, Case #: 22-3666, Categories: Evidence, sentencing, child Pornography
J. Elrod finds the district court improperly granted defendant’s request to terminate his obligation to register as a sex offender as to his convictions for the distribution and possession of child pornography. After his release from prison, defendant has completed treatment and maintained a clean record, also complying with registration for the last 13 years. The district court gave no explanation for its order, and because defendant was convicted for distribution, he is statutorily required to maintain registration for 25 years. Reversed.
Court: 5th Circuit, Judge: Elrod, Filed On: July 11, 2023, Case #: 22-20238, Categories: sentencing, Sex Offender, child Pornography
J. Grasz finds a lower court properly sentenced a defendant to 142 months in prison for possession of child pornography, but erred in imposing special conditions on his use of computers. The government argued that the defendant is not entitled to use a computer. However, the imposition is unreasonable because it is a deprivation of his liberty. Reversed in part.
Court: 8th Circuit, Judge: Grasz, Filed On: June 29, 2023, Case #: 22-2867, Categories: sentencing, child Pornography, Civil Rights
J. Wells agrees with the lower court's ruling that evidence was adequate to convict a former daycare worker with eight counts of sexual abuse of a minor, regardless of the specific definition of the phrase "lascivious exhibition of the genitals" that the state employs. Also, the prosecution's questioning of the female worker's sexual orientation was used to establish possible motive for taking pictures of only girls' genitals at the daycare center, not to bias the jury against her. The worker, who is 18 years old and tried as an adult, received a sentence of 280 years of incarceration with all but 126 years suspended. Affirmed.
Court: The Appellate Court of Maryland, Judge: Wells, Filed On: June 28, 2023, Case #: C-22-CR-21-000263, Categories: sentencing, Sex Offender, child Pornography
J. Niemeyer finds the lower court properly applied a sentence enhancement to defendant's sentence for possession of child pornography due to his prior qualifying sex offense. The defendant signed a plea agreement that waived his right to appeal any issue relating to his conviction, as well as any issue relating to his sentence. Affirmed.
Court: 4th Circuit, Judge: Niemeyer , Filed On: June 14, 2023, Case #: 21-4322, Categories: sentencing, Sex Offender, child Pornography
Per curiam, the circuit finds that the district court properly convicted defendant of receiving, distributing, and possessing child pornography. Defendant contends that only states may criminalize his conduct, but precedent holds that under the commerce clause, Congress may criminalize possession of child pornography. Meanwhile, the 13-year, below-guidelines sentence was substantively reasonable. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 2, 2023, Case #: 22-763, Categories: Constitution, sentencing, child Pornography