Tuesday, February 28, 2012

6th Circuit remands sentence of one day in custody for CP possession

In United States v. Robinson, 669 F.3d 767 (6th Cir. 2012), the Sixth Circuit vacated and remanded the sentence of a defendant who had been ordered to serve only one day in custody after pleading guilty to child pornography possession.

The defendant had possessed 7,100 images of child pornography including bondage, torture, and rape of prepubescent children and was sentenced to one day in custody, five years' supervised release, and a $100 special assessment.  Because of enhancements, the recommended sentence had been 78 to 97 months.

The court had been persuaded by psychologist testimony suggesting that the defendant was not addicted to pornography, did not have sexual fantasies or desires related to children, and did not appear to be a pedophile.  Citing the unlikeliness of recidivism, his employment history, age, attitude, and criminal history, the court imposed the downward variance, and the government appealed.

The Sixth Circuit found that the sentence was substantively unreasonable for multiple reasons. While child pornography is generally a serious crime, the number and content of the images made it even more so. Thus, it did not "reflect the seriousness of his crime, promote respect for the law, or provide just punishment for his offense." Also, the sentence "undermines the purpose of general deterrence" as it would not "meaningfully deter anyone else." Lastly, it is unreasonable due to the disparities that exist with sentences in similar cases.

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