RESTITUTION: $29,859 restitution awarded to 1 victim in child porn bulletin board conspiracy out of $11,980-$16,400 requested from each of 13 Defendants, 0 to 2nd victim out of $150,000 requested from each Defendant, determined by “continuing traffic”/“relative causal role” equation… Molloy. [Read more…]
Child pornography, sadistic/masochistic
CHILD PORNOGRAPHY: 50 years proper for images of sadistic conduct, properly imposed consecutive to state sentence, no basis or authority to reconsider Circuit’s review standard… Christensen affirmed. [Read more…]
Child pornography, interstate materials knowledge
CHILD PORNOGRAPHY: 2251(a) does not require knowledge of interstate nature of materials used to produce sexually explicit images (1st impression)… 1998 child pornography conviction [Read more…]
Sentencing, “vulnerable victim,” enticement
SENTENCING: “Vulnerable victim” enhancement improperly applied to sentence for coercion/enticement of sexually active 12-year-old… juvenile sex assault adjudication improperly used as basis for [Read more…]
Sentencing, child porn, lifetime supervision
SENTENCING: Lifetime supervised release for child pornography repeat sex offender not cruel/unusual, substantively [Read more…]
Walsh Act, mandatory release conditions
WALSH ACT: Release conditions (curfew, electronic monitoring) for child porn Defendant not facially [Read more…]
Sentencing, credit union BB-gun robber
SENTENCING: Credit union robber properly found to have “otherwise used” a BB-gun rather than merely “brandished” it, sentence correctly enhanced by 4 rather than 3… properly enhanced by 2 for “sustained focus” of gun on employee… [Read more…]
Child pornography, receipt, sentencing, conditions
CHILD PORNOGRAPHY: 97 months prison for receipt substantively reasonable… remanded for consideration of whether supervised release ban on proximity to children should allow attendance at school events with Defendant’s [Read more…]
Double jeopardy, porn receipt/possession dismissal
DOUBLE JEOPARDY: Whether to dismiss porn receipt or possession conviction in discretion of judge, not prosecutor… Molloy reversed. [Read more…]